Sunil Lohar v. State of Chhattisgarh
Case brief
What is this about?
NAFR. Benefit of doubt; unamended Section 3(2)(v) SC/ST Act ('on the ground that') versus amended wording ('knowing that'); knowledge of SC/ST identity must be proved by clinching evidence, mere witness mention insufficient (Patan Jaman Vali AIR 2021 SC 2190; Shashikant Sharma 2023 INSC 1036); rape conviction set aside where prosecutrix implicated only principal offender; minor victim's age proved by school Dakhil-Kharij register; FSL sperm detection; Section 368 IPC wrongful concealment/confinement negated where accused herself informed police and recovery followed (Ex.P-4, PW-13); POCSO Sections 19/21 not attracted against informant-accused; common intention Section 34 IPC; Section 437-A CrPC bail-bonds for six months; appeal under Section 374(2) CrPC; conviction partly affirmed and partly set aside.
What did the court decide?
Both criminal appeals partly allowed: convictions of A-1 Sunil Lohar and A-2 Anis Ekka under Ss.363/34 and 366/34 IPC affirmed; conviction of A-1 under S.376(2)(i)(n) IPC and POCSO Ss.5(l)/6, 11(vi)/12 affirmed; conviction of A-2 Anis Ekka under S.376(2)(i)(n) IPC and POCSO Ss.5(l)/6, 11(vi)/12 set aside with acquittal on benefit of doubt; conviction of A-1 under SC/ST Act S.3(1)(b)(i)(ii) and unamended S.3(2)(v) set aside with acquittal on benefit of doubt; convictions of A-3 Subhasho Bai under S.368 IPC and POCSO Ss.19/21 set aside with acquittal; she, being on bail, need not surrender and stands set at liberty, her bail-bonds remaining in operation for six months under S.437-A CrPC.