This appeal challenged convictions under IPC and SC/ST Act. The High Court upheld convictions but reduced jail terms to time already served, enhanced fines, and kept bail operative.
Jail sentence reduced to period already undergone; fine enhanced to Rs. 5,000; bail remained operative for 6 months.
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.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 71 of 2008
---- Appellants
Versus
State of Chhattigarh Through Station House Officer, Police Station Bagbahara, District Mahasamund (C.G.).
---- Respondent
For Appellants : Mr. Y.C. Sharma, Advocate For Respondent : Mr. Anand Verma, Dy. Govt.
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board
06/11/2019
2
daughter Jeteswari who was studying in Class-6, were living together. She made a complaint alleging therein that 15 days prior, Appellant Jayant visited to the school of her grand daughter and told Jeteswari that her mother is not well. He had taken her from school to a field. At that time, one villager met them on the way and Jeetewari came to know that the Appellant fraudulently taken her from school. Thereafter, she returned to her house and narrated the whole incident. On the instance of Complainant, a village meeting was called, but no one attained the said meeting. After some time, Appellant Jayant came in front of her house and abused them with threatening. In the night also, he came in drunken condition and abused them with threatening to disgrace her grand daughter. It is alleged that other Appellants were also present at that time and participated in the offence. On the basis of said report, offence has been registered. After completion of investigation, a charge-sheet has been filed. Trial Court framed the charges under Sections 354, 294 & 506 (B) of the IPC and Section 3 (1)(10) of the SC/ST (Prevention of Atrocities) Act. To prove the guilt of the Appellants, the Prosecution has examined as many as 9 witnesses. No defence witness has been examined. Statements of the Appellants under Section 313 of the Cr.P.C have been recorded, wherein they have pleaded their innocence and false implication in the matter.
3
Hence, this appeal.
4
enhanced amount of fine shall be payable within 2 months from the date of receipt of a copy of this order. In default of payment, the Appellants shall be liable to undergo SI for 3 months. If any amount has already been deposited towards fine, the same shall be adjusted in the amount of fine imposed/enhanced today.
Sd/- (Arvind Singh Chandel) Judge
Rahul
3 issues framed by the court
Whether the jail sentence should be reduced to the period already undergone by the appellants considering their lack of criminal antecedents and prolonged litigation.
Whether the fine imposed under Sections 294 and 506 IPC should be enhanced.
Whether the bail bonds of the appellants should be discharged.
3 provisions across 3 enactments
Hemant S/o Bandhulal Chandrakar
Jayant S/o Komal Chandrakar
Bandhu Lal S/o Tenu Chandrakar
Jittu Kumar S/o Vijay Rajput
Ashok S/o Bandhulal Chandrakar
State of Chhattisgarh
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
