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2024 Supreme(Online)(Chh) 17660
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SMT. VRINDAVATI – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
CRA/516/2022
2024:CGHC:33180 AFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 516 of 2022 Smt. Vrindavati W/o Santosh Giri Goswami Aged About 50 Years R/o Village- Chakrda, Thana Ssraypali, Distt.
Mahasamund (C.G.)
---- Appellant versus State of Chhattisgarh Through- Police Station -Basna, Distt.
Mahasamund (C.G.)
---- Respondent CRA No. 657 of 2022 Navin Sahu S/o Dhanu Ram Sahu, Aged About 45 Years R/o Village Nanakpali Police Station Saraypali District Mahasamund (Chhattisgarh).
----Appellant Versus State of Chhattisgarh Through Station House Officer, Basna, District Mahasamund (Chhattisgarh).
---- Respondent CRA No. 421 of 2022 Smt. Neelandri W/o Jaldhar Giri Goswami Aged About 35 Years R/o Village Bansuladipa Police Station - Basna District -
Mahasamund (Chhattisgarh).
----Appellant Versus State of Chhattisgarh Through Police Station House Basna District - Mahasamund (Chhattisgarh)
---- Respondent ----------------------------------------------------------------------------------------------
For Appellants : Mr. Sanjay Agrawal, Mr. Gajendra Kumar Sahu & Mr. Pragalbha Sharma, Advocates.
For State : Mr. Ajit Sing, GA & Ms. Pragya Pandey, Dy. GA.
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Hon'ble Shri Arvind Kumar Verma, Judge
Order on Board
29.08.2024
1. These criminal appeals have been preferred by the appellants against the judgment of conviction and order of sentence dated 11.02.2022, passed by learned Special Judge, (POCSO Act), Saraipali, District -Mahasmund, (CG) in Special Criminal Case (POCSO Act) No.23/2018, whereby appellants/accused (Smt. Vrindavati & Smt. Neelandri in CRA Nos. 516 & 421 of 2022)
stand convicted and sentence as under:
Conviction
Sentence
Under Section 17 of POCSO Act.
Rigorous imprisonment for 10 years & fine of Rs.500/- in default of payment of fine 02 months additional RI.
U/s 363/109 of IPC.
RI for 05 years & fine of Rs.500/- in default of payment of fine 02 months additional RI.
U/s 366/109 of IPC
RI for 05 years & fine of Rs.500/- in default of payment of fine 02 months additional RI.
However, appellant/accused Navin Shukla in CRA No.657 of
2022) stand convicted and sentence as under:
Conviction
Sentence
U/s 363 of IPC
Rigorous imprisonment for 05 years & fine of Rs.500/- in default of payment of fine 02 months additional RI.
U/s 366 of IPC
RI for 05 years & fine of Rs.500/- in default of payment of fine 02 months additional RI.
U/s 6 of POCSO Act
Section 42 of POCSO Act provides for alternate punishment, hence, U/s 376 of IPC would be inflicted.
U/s 376 of IPC
RI for 10 years & fine of Rs.500/- in default of payment of fine 02 months additional RI.
2. Prosecution case, in brief, is this that PW-5/mother of victim/prosecutrix lodged report to the concerned Police Station alleging that on 10.07.2018 appellants/accused abducted her minor daughter and, thereafter, appellant/Navin Sahu has committed forceful sexual intercourse with her at his house at village -Nanakpali. Based upon report, FIR was registered against the appellants and they were arrested.
3. On completion of investigation, final report/charge-sheet was filed against the appellants for the offence under Sections 363, 366, 376/34 of IPC and Sections 4 & 6 of POCSO Act.
4. Prosecution in order to prove its case examined total 15 witnesses. Statement of appellants (accused) were also recorded under Section 313 of CrPC in which they have denied all incriminating evidence appearing against the, pleaded innocence and false implication. However, no evidence was adduced by them in their defence.
5. After hearing counsel for the parties and appreciating evidence available on record, trial Court vide impugned judgment convicted and sentenced the accused/appellant in the manner as described in Para-1 of this judgment. Hence this appeal.
6. Learned counsels
