Shiv Kumar Patel Vs State Of Chhattisgarh

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2024:CGHC:44735

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRA No. 1543 of 2016

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1 - Shiv Kumar Patel S/o Smaruram Patel Aged About 40 Years R/o Village - Kasahibahara, Thana - Pithoura, Civil And Revenue District - Mahasamund Chhattisgarh , Chhattisgarh

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... Appellant

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versus

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1 - State Of Chhattisgarh Through The District Magistrate Mahasamund District - Mahasamund Chhattisgarh, Chhattisgarh

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... Respondent

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For Appellant : Mr. Aniruddha Shrivastava, Advocate on behalf of Mr. Sunil Sahu, Advocate.

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For Respondent : Ms. Priya Sharma, Panel Lawyer for the State.

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order On Board

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18/11/2024

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This criminal appeal has been filed being aggrieved by the judgment dated 14.10.2016 passed by the learned Additional Sessions Judge, Fast Track Court/ Special Judge (POCSO Act), Mahasamund, DistrictMahasamund (C.G.) in Special Criminal Case No. H-20/2016 whereby the appellant has been convicted and sentenced in the following

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manner:-

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Conviction	Sentence
U/s 450 of IPC	: R.I. for 3 years and fine of Rs. 500/- and in default of payment of fine, additional R.I. for 1 month.
U/s 4 of POCSO Act	: R.I. for 7 years and fine of Rs. 1000/- and in default ofpayment of fine, additional R.I. for

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Digitally signed by ARUN ARUN KUMAR KUMAR DEWANGAN DEWANGAN Date: 2024.11.21 10:33:06 +0530

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2 months.

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In compliance of direction issued by this Court, the Secretary, Legal Services Authority has called status report from concerned Jail Superintendent wherein it has been mentioned that the appellant has already been released from jail on 04.08.2021 on completion of jail sentence awarded to him by the trial Court granting benefit of remission as he had already suffered 5 years 3 months & 24 days of jail sentence out of maximum 7 years as awarded by the learned trial Court.

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The record of the case would demonstrate that the prosecution to prove guilt of the appellant has examined as many as 14 witnesses and exhibited documents (Ex. P/1 to P/28). The prosecution also exhibited the FSL report, report of medical examination of the victim and also application for calling medical examination of the victim.

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The victim was examined before the trial Court as PW-1 wherein she has stated that on 10.04.2016 at about 3.00 p.m. when she had gone for nature call, the appellant came there, removed her cloth and committed rape with her. She tried to rescue herself from the appellant but failed and she was unconscious and she narrated the incident to her mother and sister and thereafter FIR was lodged. The victim was cross-examined but nothing has been placed on record to rebut the same. She has further stated that the appellant used to visit their house as guest. The victim has denied that she has made wrong statement because of some money transaction between the parties.

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The prosecution to prove guilt of the appellant has also examined Dr. Tara Agrawal (PW-15) who has stated that on 11.04.2016, the victim

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was examined by her wherein it was found that the victim was subjected to sexual assault as there was swelling in her private part and hymen was raptured. The prosecution also examined constableVikram Lahre (PW-10) who has sent the seized article of the victim to Forensic Science Laboraty, Raipur. The prosecution also examined Dr. Vishal Singhal (PW-12) who examined undergarment of the appellant and found that there was man’s sperm on it was available.

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On the basis of evidence and material placed on record as also the statement of the victim, the learned trial Court vide impugned judgment dated 14.10.2016 has convicted and sentenced the appellant as aforestated. This Court has gone through the evidence and material placed on record and from the appreciation of the same, it is quite vivid that the finding recorded by the learned trial Court cannot be said to be unreasonable and contrary to the evidence brought on record by the prosecution proving the guilt of the appellant beyond reasonable doubt, therefore, the finding recorded by the trial Court cannot be said to be perverse, illegal or contrary which warrants interference by this Court.

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In view of the above, the instant appeal stands dismissed on merit.

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Sd/(Narendra Kumar Vyas) Judge

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Arun

Shiv Kumar Patel v. State Of Chhattisgarh

Case brief

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Shiv Kumar Patel v. State Of Chhattisgarh

Case brief

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