Ramesh Tandi Vs State of Chhattisgarh

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2024:CGHC:45550

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRA No. 120 of 2019

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Ramesh Tandi S/o Satya Tandi Aged About 23 Years R/o Phoolkani, Police Station Belkunda ,district Balangir (Odisa)at Present R/o Satnami Para Near Vyuam Shala ,police Station Gudhiyari ,district Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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... Appellant.

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versus

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State Of Chhattisgarh Through Station House OfÏcer , Police Station Gudhiyari ,district Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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... Respondent

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For appellant. : Mr. Anshuman Shrivastava, Advocate. For Respondent/State : Mr. K.K. Baharani, Panel Lawyer

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(Hon’ble Mr. Justice Narendra Kumar Vyas)

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Order on Board

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21/11/2024

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The appellant has preferred this Criminal Appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment of conviction and order of sentence dated 14-12-2018

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passed by learned Additional Sessions Judge (FTC), Raipur, District Raipur (CG) in Special Sessions Trial No. 97 of 2016 whereby the learned trial Court has convicted the appellant under Sections 363, 366 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced him to undergo RI for three years and fine of Rs.500/-, RI for five years and fine of Rs.500/- and RI for ten years and fine of Rs.1000/- with default stipulations.

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The facts of the prosecution, in brief, are that the mother of the prosecutrix lodged a report in Police Station Gudiyari stating therein that her daughter/prosecutix is missing from her house with Mobile No. 9589917168 and Rs.13,000//- cash on 12-1-2016. On the basis of report lodged by Police registered the missing report and started investigation and during investigation it was found that the appellant abducted the prosecutrix and got married her and prosecutrix was recovered on 2-3-2016 and thereafter statement of the prosecutrix was recorded on the basis of which Police have registered the offence punishable under Sections 363, 366 of IPC and Section 6 of POCSO Act against the appellant.

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After completion of investigation charge sheet was filed before the learned court of Judicial Magistrate First Class, Raipur and the learned court of Judicial Magistrate First Class, Raipur committed the case for session trial to the Court learned Additional Sessions Judge Raipur and the Additional Sessions Judge framed charge under Sections 363, 366 of IPC and under Section 6 of POCSO against the appellant who denied the charge leveled against him and pleaded not guilty for the offence.

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In order to prove the guilt of the appellant, the prosecution has examined 11 witnesses and in defence the appellant has not committed any witness.

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Learned trial Court has convicted the appellant for commission of offence punishable under Section 363, 366 of IPC and Section 6 of the POCSO Act, considering the evidence, material placed on record, particularly the statement of the victim girl who is below 18 years at the time of incident. Thus, there is no perversity or illegality in the finding recorded by the learned trial Court.

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Learned counsel for the appellant would submit that the appellant has been released from jail on 28-5-2024 after completing the jail sentence eight years, two months and twenty seven days with remission which has not been disputed by the learned State counsel and in this regard status report dated 9-11-2024 of central jail Raipur has been filed and the same is taken on record.

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RAVVA SATYANARAYANA RAJU

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