Disposed

Premdan @ Mintu v. State of Chhattisgarh

Chhattisgarh HC10 Sept 2024CRA/195/2019

Case brief

AI extract

What is this about?

Appellant convicted under Section 6 POCSO Act and sentenced to 10 years RI had already completed his jail sentence, deposited the fine, and was released on 20.06.2024. Counsel did not press the appeal on merits; relying on Suresh Singh v. State of Haryana (2007) 13 SCC 518, the High Court disposed of the appeal as infructuous. No adjudication of the conviction or its merits.

What the court decided

AI extract

Premdan @ Mintu Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

1 / 4

2024:CGHC:35587

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 195 of 2019

¶5

Premdan @ Mintu, S/o Prabhudan, aged about 32 years, R/o Saket Colony, Jagdalpur, District Bastar, Chhattisgarh.

¶6

versus

¶7

State of Chhattisgarh Through Station House Officer, Police Station Bodhghat, Jagdalpur, District Bastar, Chhattisgarh.

¶8

... Respondent

¶9

For Appellant : Mr. Anshuman Shrivastava, Advocate For State/Respondent : Mr. Arvind Dubey, Govt. Advocate

¶10

Hon'ble Shri Sanjay K. Agrawal, Judge Hon'ble Shri Amitendra Kishore Prasad, Judge

¶11

Judgment on Board

¶12

Sanjay K. Agrawal, Judge

¶13

11.09.2024

¶14

1. Heard Mr. Anshuman Shrivastava, learned counsel for the appellant. Also heard Mr. Arvind Dubey, learned Government Advocate appearing for the State/respondent.

¶15

2. This criminal appeal filed under Section 374(2) of Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) by the appellant

¶16

2 / 4

¶17

Premdan @ Mintu is directed against the impugned judgment of conviction and order of sentence dated 11.01.2019 passed by the Additional Sessions Judge (F.T.C.), Bastar at Jagdalpur, Chhattisgarh/Special Judge under Protection of Children from Sexual Offences Act, 2012 in Special Sessions Trial No.08 of 2017, whereby the appellant has been convicted for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) and sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,000/-, in default of payment of fine, to further undergo additional rigorous imprisonment for one month.

¶18

3. When the case is taken up for hearing, learned counsel for the appellant submits that the sentence awarded to the appellant Premdan @ Mintu by the trial Court for the offence punishable under Section 6 of the POCSO Act for 10 years has already been completed and fine amount has already been deposited. He further submits that the appellant Premdan @ Mintu has already been released from jail on 20.06.2024, as such, instant criminal appeal be disposed of accordingly.

¶19

4. On the aforesaid statement, this Court has directed the State counsel to obtain written instructions with regard to release of the appellant Premdan @ Mintu from jail.

¶20

3 / 4

¶21

5. Learned State counsel, on instructions, received a written instructions dated 11.09.2024 from Jail Superintendent, Central Jail, Jagdalpur and would submit that the appellant Premdan @ Mintu has already completed his jail sentence awarded to him by the trial Court and has been released from jail on 20.06.2024. In this regard, he has placed reliance on the dictum rendered by Hon’ble Supreme Court in the matter of Suresh Singh and Another v. State of Haryana reported in (2007) 13 SCC 518 . Paragraph-12 of the said judgment is relevant for the purpose, which is reproduced below for easy reference :-

¶22

“12. It appears that thereafter on 22.01.2007, Criminal Miscellaneous Petition No. 1497 was filed wherein it was stated that Devender Singh (Accused 1) had expired. Death certificate was also produced along with the application. It was further stated that Jai Bhagwan (Accused 2), Jai Pal (Accused 4) and Shamsher Singh (Accused 5) be permitted to withdraw from special leave petition since all the three had already undergone the sentence and special leave on their behalf had become infructuous. The said application was allowed by the Court and the prayer was granted. Thus, out of the six accused only two have remained viz. Suresh Singh, Appellant 1 (Accused 3) and Jagbir Singh, Appellant 2 (Accused No.6).”

¶23

4 / 4

¶24

6. Since the appellant Premdan @ Mintu has already completed his jail sentence as also deposited the fine amount and has been released from jail on 20.06.2024 and learned counsel for the appellant does not want to press this appeal on merits, instant criminal appeal is disposed of.

¶25

7. Let the written instructions received from the Jail Superintendent, Central Jail, Jagdalpur, be kept on record.

¶26

Sd/Sd/- (Sanjay K. Agrawal) (Amitendra Kishore Prasad) Judge Judge

¶27

Yogesh

¶28

Digitally signed by YOGESH YOGESH TIWARI TIWARI Date: 2024.09.12 19:36:46 +0530

Premdan @ Mintu v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

Premdan @ Mintu v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bharat Krishi Kendra Vs Union of India

Tilsai Manjhi Vs State of Chhattisgarh

Parmeshwar Berijia Vs State of Chhattisgarh

Munna Singh @ Kabil Singh Vs State of Chhattisgarh

Guleshwar Gendre Vs State of Chhattisgarh

Manohar Lal Ghritlahre Vs State of Chhattisgarh