Allowed

Shravan Gond v. State of U.P. and 3 Others

Allahabad HC8 Aug 2024CRLA/5658/2024

Case brief

AI extract

What is this about?

Criminal Appeal filed by appellant convicted under IPC and POCSO Act. Court noted appellant married the former minor victim and they have children. Conviction held to disturb peaceful life. Trial order quashed and appeal allowed.

What did the court decide?

Impugned judgment and orders dated 10/13.05.2024 passed by Special Judge, POCSO Act, Court no. 8, Ballia quashed and set aside.

Shravan Gond vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:161171

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 5658 of 2024

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Appellant :- Shravan Gond Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Ramesh Kumar Chaurasia Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Ramesh Kumar Chaurasia, learned counsel for the appellant and learned A.G.A for the State.

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Although notice has been served upon opposite party no. 2 but none appeared either in person or through counsel even in revised call but it is stated by learned counsel for appellant that while preferring the instant appeal the victim herself is deponent in the instant appeal.

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The instant Criminal Appeal is being preferred against the judgment and order dated 10/13.05.2024 passed by learned Special Judge (POCSO Act), Court no. 8, Ballia in S.S.T no. 81 of 2019 (State Vs. Shravan Gond) arising out of Case Crime no. 66 of 2018 under sections 363, 366 IPC and 4 of POCSO Act, 2012, Police Station Sikanderpur, District Ballia whereby appellant has been convicted under Section 363 IPC for 5 years rigorous imprisonment and Rs.5,000/- fine and in default of payment of fine, 3 months additional imprisonment; under Section 366 IPC, 7 years rigorous imprisonment and Rs.10,000/- fine and in default of payment of fine 6 months additional rigorous imprisonment; and under Section 4 of POCSO Act, 8 years rigorous imprisonment and Rs.10,000/- fine and in default of payment of fine 1 year additional rigorous imprisonment.

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Learned counsel for appellant submitted that the F.I.R. has been preferred at the behest of opposite party no. 2/informant which culminated into judgment and order dated 10/13.05.2024 through which appellant has been convicted under Sections 363, 366 of IPC and Section 4 of POCSO Act and sentenced for 8 years rigorous imprisonment alongwith fine of Rs. 25,000/-.

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Although conviction has been determined by learned trial court on the basis of finding recorded specifically in respect of victim

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who had been minor at the time of incident but later on appellant married with victim and they are living peaceful married life and out of the wedlock they are having two childrens having age of 4 years and 2 years.

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Learned counsel for the appellant submitted that appellant is having no criminal history which has been mentioned at para no. 36 of the affidavit preferred in support of appeal.

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Per contra, learned AGA opposed the prayer sought through the instant appeal but could not dispute the aforesaid facts.

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For substantiating the arguments raised by learned counsel for the appellant, he sought attention of the Court over the Certificate of Registration of Marriage appended at page no. 69 of the affidavit in support of appeal which clearly shows that appellant and victim have already been married.

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After hearing rival submissions extended by learned counsel for the parties once it is crystal clear that appellant has already married with the victim, order passed by learned trial court will be in the nature of disturbing the peaceful and harmonious couple over having two children also.

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Pursuant to above discussion, judgment and order dated 10/13.05.2024 passed by learned Special Judge, POCSO Act, Court no. 8, Ballia in S.S.T. No. 81 of 2019 (State Vs. Shravan Gond) arising out of Case Crime No. 66 of 2018, under Sections 363, 366 IPC and 4 of POCSO Act, 2012, Police Station Sikanderpur, District Ballia is hereby quashed and set aside.

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The instant appeal stands allowed accordingly.

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Order Date :- 1.10.2024 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Shravan Gond v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shravan Gond v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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