The High Court of Chhattisgarh dismissed an appeal against conviction under Section 511 IPC for attempted rape of a five-year-old child. The court held the evidence sufficient and the five-year sentence justified, finding no scope for interference.
The appeal was dismissed, maintaining the conviction and sentence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGHCOURTOFCHHATTISGARHIBILASPUR
CriminalAggealNo.39of2007
Kalar, aged56 Atmaram,S/oSonuram APPELLANT: Occupation Service, R/o Village years, Sorar, PoliceStationGurur, Distt.Durg Presently R/o Gangrel, Police (C.G.), 'Station Arjuni, Distt. Dhamtari (C.G.) Versus 'Chhattisgarh, ‘Through State of RFSPONDENT'. Incharge Police Station City Kotwali, Dhamtari, Distt.Dhamtari (C.G.) {CriminalappealunderSection374(2)oftheCodeofCriminal Procedure,1973} .
P resent:
Mr. AbhayTiwari,counselfortheappellant.
Mr. Sanjeev Kumar Agrawal, Panel Lawyer for ' the State/ - respondent.
SingleBench:Hon'bieMr.T.P.Sharma,J ORAL JUDGMENT
(3-9-2009)
mapwas preparedvide examination and no injury was found over her body. After completionofinvestigation,chargesheetwasfiledbeforetheJudicial in turn,committedthecaseto
Magistrate First Class,Dhamtari,who
J so,
£a€é?l’e46V
a€é?l’e46V46V Court of Sessions, Raipur, from where Iearned Additional Sessions Judge received thecaseontransferfortrial.
Soma
’/. /. Sdl— T.P.SHARMA Judge
3 issues framed by the court
Whether the evidence was sufficient to sustain the conviction for attempt to commit rape.
Whether the sentence of five years rigorous imprisonment was just and proper.
Whether the appellate court can interfere with the conviction and sentence awarded by the trial court.
3 provisions across 2 enactments
Kalar, aged 56 Atmaram
Chhattisgarh, Through State of
T. P. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
