Amar Sana v. The State Of Chhattisgarh
Case brief
What is this about?
High Court allowed criminal appeal partly. Conviction under IPC and POCSO Acts upheld. Life sentence for aggravated penetrative sexual assault under POCSO reduced to 10 years rigorous imprisonment and fine adjusted to Rs.5,000 following precedent, per Supreme Court directives on minimum sentencing during the applicable period.
What did the court decide?
Life sentence reduced to 10 years rigorous imprisonment; fine reduced to Rs.5,000; conviction under IPC 450 upheld; appeal allowed to the extent of sentence modification.
What the court decided
1
CRA No.451 of 2016
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No.451 of 2016
- Amar Sana S/o Adar Sana Aged About 26 Years R/o Village Ujala, Thana Pakhanjore, Distt. Uttar Bastar Kanker Chhattisgarh. , Chhattisgarh
---- Appellant (In Jail)
Versus
- The State Of Chhattisgarh Through Police Station Pakhanjore, Distt. Uttar Bastar Kanker Chhattisgarh.
--- Respondent
For Appellant :-Shri Parag Kotecha, Advocate For State :- Shri Sudeep Verma, Dy. G.A.
Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Shri Justice Sanjay S. Agrawal
Issues for consideration
3 issues framed by the court
Whether the appellant's conviction under Sections 376(2)(i) and 450 of IPC and Sections 4 and 6 of the POCSO Act stands upheld.
Whether the life sentence awarded for aggravated penetrative sexual assault under Section 6 of the POCSO Act must be reduced to 10 years rigid imprisonment based on the minimum punishment provision ap
Whether the State counsel's submission to reduce the fine awarded was accepted.
Parties & counsel
- appellant
Amar Sana
- respondent
The State Of Chhattisgarh
Coram
Sanjay K. Agrawal
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · November
- Registered
- Case no.
- CRA/451/2016
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