Dismissed

Ajay Kumar Sonwani v. State of Chhattisgarh

Chhattisgarh HC9 Dec 2024CRA/417/2018

Case brief

AI extract

What is this about?

In an appeal against conviction for kidnapping and sexual assault under IPC and POCSO Act, the High Court affirmed the trial court's finding. It held the prosecution proved the case beyond reasonable doubt. Dismissing the appeal as the appellant had already been released on remission completing his sentence.

What did the court decide?

Appeal dismissed with direction that the order is disposed of as the appellant has been released on remission.

Ajay Kumar Sonwani Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

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2024:CGHC:46436

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRA No. 417 of 2018

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Ajay Kumar Sonwani S/o Resham Sonwani Aged About 21 Years R/o Railway Line, Belsonda, Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh

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... Appellant

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versus

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State Of Chhattisgarh Through The Station House OfÏcer, Police Station Mahasamund District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh

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... Respondent

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For Appellant : Mr. Krishna Tandon, Advocate For Respondent : Mr. Pramod Shrivastava, Dy. GA

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Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

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10/12/2024

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1. This appeal is directed against the judgment of conviction and order of sentence dated 27.01.2018 passed by Learned Additional Sessions Judge, Fast Track Court/ Special Judge (POCSO) Mahasamund Special Case No. 31 of 2017 by which the appellant has been convicted under Sections 363,366-A of the IPC and 6 of POCSO Act, 2012 and sentenced to undergo RI for 4 years and to pay fine of Rs. 5,00/- in default of payment of fine to further undergo RI for 1 month under Section 363 IPC, RI for 4 years and

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Digitally signed by SANTOSH SANTOSHKUMAR KUMAR SHARMA SHARMA Date:2024.12.17 13:29:09 +0530

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to pay fine of Rs. 500/- in default of payment of fine to further undergo RI for 1 month under Section 366-A IPC and RI for 10 years, to pay fine of Rs. 1000/- in default of payment of fine to further undergo RI for 2 month under Section 6 of the POCSO Act with a direction to run the sentence concurrently.

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2. Case of the prosecution in brief is that 25.03.2017 complainant lodged the report in police station alleging that on 23.03.2017 at about 9.30 AM his daughter went to school for exam but did not return to home. On suspicion, he enquired about the appellant but he did not find him then he lodged the complaint against him. During course of investigation, the victim was recovered from the possession of the appellant at new Raipur on 17.05.2017. Statement of the victim was recorded on the basis of statement offence under Section 366, 366-A, 376 IPC and 6 of the POCSO was registered and he was arrested. After usual investigation, charge sheet was filed before the Court of Additional Sessions Judge (FTC)/ Special Judge (POCSO) Mahasamund, District Mahasamund which was registered as Special Criminal Case No. H-31/2017.

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3. In order to bring home the guilt of appellant, the prosecution has examined as many as 23 witnesses victim (PW-1), Kanshram Nisad (PW-2),Santoshi Nisad (PW-3), Mamta Dhivar (PW-4), Narsingh Nisad (PW-5), Anant Nisad (PW-6), Nandlal Nisad (PW-7), Santosh Nisad (PW-8), Dr. Karuna Awade (PW-9), Kunti Bai (PW-10), Reshamlal (PW-11), Roman Chandravanshi (PW-12), Praveen Dhivar (PW-13), Dhanusram (PW-14), Mahesh Sahu (PW-15), Santosh (PW-16), S.S. Thakur (PW-17), Lekhram Chandrakar (PW-

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18), Nammu Dhivar (PW-19), Purushottam Sahu (PW-20), Padmavati Sahu (PW-21), Chitralekha Navrange (PW-22), Santoshi Agrawal (PW-23).

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Victim (PW-1) was examined before the Court wherein she has stated that the appellant took her to Khallari temple where he performed forceful marriage with her thereafter he made forceful sexual intercourse with her on many times. Thereafter he took her to new Raipur where they stayed at newly constructed building at Sector No. 24 where he also committed sexual intercourse with her. Thereafter, Police recovered her from the possession of the appellant.

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PW-4 and other witnesses have reiterated the stand taken by the victim in her evidence and they have fully supported the case of the prosecution. The trial Court on the basis of material, evidence on record has stated that the prosecution has proved its case beyond reasonable doubt and convicted the appellant as mentioned above.

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Counsel for the appellant would submit that the prosecution has not proved its case beyond reasonable doubt and and without there being any iota of evidence, the trial Court has convicted the appellant. He would further submit that there is omission and contradiction in the prosecution witness which is overlooked by the trial Court and would pray for set aside the judgment of conviction and order of sentence.

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Per contra learned counsel for the state would submit that the prosecution has proved its case beyond reasonable doubt,

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therefore, the order impugned does not suffer from any irregularly or infirmity warranting interference by this Court in the instant appeal.

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I have heard learned counsel for the parties and perused the record.

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Considering the fact I am of the considered opinion that the prosecution has proved its case beyond reasonable doubt so far as it relates to offence punishable under Section 363 and 366-A of IPC that the appellant has kidnapped the victim from the lawful guardianship of her parents without their consent and kept her with him for the whole night and committed sexual intercourse with her. So far as it relations to offence punishable under Sections 366 of IPC and Section 6 of the POCSO Act that the appellant has kidnapped the victim and committed penetrative sexual assault on the pretext of marriage with the victim, as such No illegality or irregularity is found in the judgment. Hence, is liable to be rejected and it is rejected.

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10. It is reported that the appellant has been released from jail on 20.11.2024 after getting the benefit of remission and completing sentence awarded to him by the trial court as such the instant appeal so far as appellant is dismissed.

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Sd/-

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(Narendra Kumar Vyas )

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Judge

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Santosh

Ajay Kumar Sonwani v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ajay Kumar Sonwani v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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