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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rakesh Lakra – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA/1087/2017
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR {Arising out of the judgment dated 29.06.2017 passed in Sessions Trial No.92/2015 by the Special Judge (constituted under the POCSO Act)
& Additional Sessions Judge (F.T.C.), Surajpur}
Criminal Appeal No. 1443 of 2017
1. Basant Kumar @ Bansu Yadav, S/o. Shri Motiram Yadav, Aged About 36 Years, R/o. Village Narayanpur, Amapara, Police Station Ramanujnagar, District Surajpur, Civil And Revenue District Surajpur, Chhattisgarh.
2. Ramlakhan @ Lakhan Agariya, S/o. Ramdas Agariya, Aged About 25 Years, R/o. Village Bhuvneshwarpur, Police Station Ramanujnagar, District Surajpur, Civil And Revenue District Surajpur, Chhattisgarh.
---Appellants Versus State Of Chhattisgarh, Through Police Station- Ramanujnagar, Surajpur, District Surajpur Chhattisgarh.
---Respondent (Cause Title taken from Case Information System)
For Appellants : Mr. Manoj Kumar Sinha, Advocate For Respondent : Mr. Arvind Dubey, Govt. Advocate &
Criminal Appeal No. 1087 of 2017 Rakesh Lakra, S/o. Rajlal Lakra, Aged About 20 Years, R/o. Madneshwarpur, Police Station Ramanujnagar, District Surajpur, Chhattisgarh.
---- Appellant Versus State Of Chhattisgarh, Through Station House Office, Police Station Ramanujnagar, District Surajpur, Chhattisgarh.
---- Respondent (Cause Title taken from Case Information System)
For Appellant : Mr. D.N. Prajapati, Advocate For Respondent : Mr. Arvind Dubey, Govt. Advocate (Division Bench)
Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board (28.02.2024)
Sanjay K. Agrawal, J.
1. The appellants herein, Basant Kumar @ Bansu Yadav (A-1) & Ramlakhan @ Lakhan Agariya (A-2) have jointly preferred Criminal Appeal No.1443/2017 and Rakesh Lakra (A-3) has preferred Criminal Appeal No.1087/2017 under Section 374(2) of Cr.P.C. calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dated 29.06.2017 passed by the learned Special Judge (constituted under the POCSO Act, 2012) & Additional Sessions Judge (F.T.C.), Surajpur, in Sessions Trial No.92/2015, by which they have been convicted for the offence under Sections 363, 363/34, 366, 366/34, 376(2(i), 376(d) of Indian Penal Code and in contravention of Section 5(g)(l)(m), Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced as under with a direction to run all the sentences concurrently :-
CONVICTION
SENTENCE
U/s. 363 of I.P.C. for A-1
:
Rigorous imprisonment for 7 years and fine of Rs.1000/-, in default of payment of fine, 6 months additional rigorous imprisonment.
U/s. 366 of I.P.C. for A-1
:
Rigorous imprisonment for 7 years and fine of Rs.1000/-, in default of payment of fine, 6 months additional rigorous imprisonment.
U/s. 376(2)(I) and Section 376(d) of I.P.C. for A-1
:
Imprisonment for life and fine of Rs.1000/-1000/- for each section, in default of payment of fine, 6 months additional rigorous imprisonment.
U/s. 363/34 of I.P.C. for A-2
:
Rigorous imprisonment for 7 years and fine of Rs.1000/-, in default of payment of fine, 6 months additional rigorous imprisonment.
U/s. 366/34 of I.P.C. for A-2
:
Rigorous imprisonment for 7 years and fine of Rs.1000/-, in default of payment of fine, 6 months additional rigorous imprisonment.
U/s. 376(2)(I) and Section 376(d) of I.P.C. for A-2.
:
Imprisonment for life and fine of Rs.1000/-1000/- for each section, in default of payment of fine, 6 months additional rigorous imprisonment.
U/s. 363/34 of I.P.C. for A-3
:
Rigorous imprisonment for 7 years and fine of Rs.1000/-, in default of payment of fine, 6 months additional rigorous imprisonment.
U/s. 366/34 of I.P.C. for A-3
:
Rigorous imprisonment for 7 years and fine of Rs.1000/-, in default of payment of fine, 6 months additional rigorous imprisonment.
2. Since common question of law and facts are involved in both the app
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