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2024 Supreme(Online)(CG) 8525

HIGH COURT OF CHHATTISGARH
SUNIL YADAV – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Order on Board

31 .01.2024

1. The appeal arise out of the judgment of conviction and sentence dated 19.02.2020 passed by Learned Special Judge (POCSO ACT) Jashpur, District – Jashpur (C.G.) in Special Criminal Case No. 11/2019 whereby the appellant has been convicted and sentenced in the following manner:-

CONVICTION SENTENCE PUNISHMENT IN DEFAULT OF PAYMENT OF FINE
Section 376 (2)(n) of IPC R.I for 10 years with fine of Rs.1000/- Three months further R.I.
Section 506-II of IPC R.I for 1 year with fine of Rs.500/- One month further R.I.

All the sentences are directed to run concurrently.

2. Brief facts of the case are that, on 06.01.2019 the prosecutrix (PW-3) has lodged report to the police out post Sonkyari, Police Station Sanna District – Jashpur against the appellant and his family members with the allegation that the appellant has taken her towards the jungle by his tractor and committed rape upon her by which she conceived pregnancy and on 14.09.2018, she gave birth to the male child at Holicross Hospital. The family members of the appellant had denied to keep the child with them therefore, she has lodged the written report. The FIR lodged by the prosecutrix is

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