The High Court of Chhattisgarh dismissed the criminal appeal against conviction under Sections 506 IPC and 376 IPC for rape. The appellant had completed his jail sentence. The Court upheld the Trial Court's finding that the prosecutrix's statement was credible and the conviction was correct.
Criminal Appeal dismissed; conviction and sentence upheld.
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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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No.411 of 2016
---- Appellant
Versus
---- Respondent
For Appellant : None For State/Respondent : Shri Shrikant Kaushik, P.L.
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board
01/08/2023
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| Conviction | Sentence |
|---|---|
| U/s 506 Part II of the Indian Penal Code, 1860 (in short ‘the IPC’) |
R.I. for six months and fne amount of Rs.200/- with default stipulations |
| U/s 376 of the IPC | R.I. for 10 years and fne amount of Rs.5,000/- with default stipulations |
| Both sentences are direct | ed to run concurrently |
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completion of the investigation, charge-sheet was fled and Trial Court framed the charges under Section 506-B, 376 of the IPC and Section 4 of the POCSO Act. To prove the guilt of the appellant, the prosecution has examined as many as 15 witnesses, whereas no defence witness has been examined by the appellant. The appellant in his statement recorded under Section 313 of the Cr.P.C. has abjured his guilt and pleaded innocence.
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Sd/(Arvind Singh Chandel) Judge
Prakash
2 issues framed by the court
Whether the conviction and sentence of the appellant under Section 376 IPC and Section 4 POCSO Act should be interfered with in appeal.
Whether the Trial Court's reliance on the prosecutrix's statement establishes guilt beyond reasonable doubt.
3 provisions across 2 enactments
Madan Kaiwart
State of Chhattisgarh
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
