Ashok Sarthi vs State Of Chhattisgarh
2021 Latest Caselaw 799 Chatt

                                                                         NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                             CRA No. 364 of 2020

      Ashok Sarthi S/o Late Samaru Sarthi Aged About 52 Years R/o
       Sindhi Colony, Kasturba Nagar, Police Station- Civil Line, District-
       Bilaspur, Chhattisgarh.

                                                               ---- Appellant

                                    Versus

      State Of Chhattisgarh Through Police Station- Civil Line, District-
       Bilaspur, Chhattisgarh.

                                                            ---- Respondent

For Appellant :Mr. Ravi Maheshwari, Advocate. For State/Respondent :Mr. HS Ahluwalia, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel Judgment on Board

02.07.2021

1. This appeal has been preferred against the judgment dated

26.02.2020 passed in Special Sessions Case No.03/2019 by

the learned Additional Sessions Judge/First F.T.S.C POCSO,

Bilaspur, Distt. Bilaspur(C.G.) wherein, the Appellant has

been convicted for the offence punishable under Section 354

of the IPC and Section 8 of POCSO Act and sentenced to

undergo RI for 3 years and to pay fine of Rs. 500/- and RI for

3 years and to pay fine of Rs. 500/- respectively, with default

stipulations. Both the jail sentence to run concurrently.

2. According to the case of prosecution, on 14.11.2018 at around 2 PM, when father of victim girl returned to his house

at that time, the victim girl was not present in his house. On

being searched and asked with neighbors, he came to know

that the Appellant has taken the victim girl with him to ruins,

he went there and saw that the Appellant has removing her

clothes, he released the victim girl from his possession, called

the Police and reported the matter vide (Ex. P-7). On the

basis of said report, offence has been registered against the

Appellant. Later on statements of witnesses recorded under

Section 161 of Cr.P.C. After completion of investigation,

charge-sheet was filed by the Police. Trial Court framed the

charges against the Appellant. To robe the Appellant in the

crime-in-question, the prosecution has examined as many as

11 witnesses. In the statement of the Appellant recorded

under Section 313 of Cr.P.C, he has pleaded his innocence

and false implication in the matter, however, no defence

witness was examined by the Appellant. After completion of

trial, Trial Court convicted and sentenced the Appellant as

mentioned in Para 01 of this judgment. Hence, this appeal.

3. Learned Counsel appearing for the Appellant submits that he

does not want to press this appeal on merits and confines his

argument to the sentence part only. He further submits that

the Appellant is in jail since 15.11.2018 and completed more

than 2 years 8 months out of 3 years of jail sentence, he has

no criminal antecedent, he is aged about 55 years and facing the lis since last three years. Therefore, the jail sentence

awarded to the Appellant may be reduced to the period

already undergone by him.

4. On the contrary, learned State Counsel opposed the appeal

and supported the impugned judgment.

5. I have heard learned counsel appearing on behalf of the

parties and perused the record minutely.

6. Considering the above facts and circumstances of the case,

particularly considering the fact that the Appellant is in jail

since 15.11.2018 and completed more than 2 years 8 months

out of 3 years of jail sentence, he has no criminal antecedent,

he is aged about 55 years and facing the lis since last three

years. I am of the view that the ends of justice would be met

if, while upholding the conviction imposed upon the Appellant,

the jail sentence awarded to him is reduced to the period

already undergone by him.

7. Consequently, the appeal is partly allowed. The conviction of

the Appellant under Section 354 of the IPC & Section 8 of

POCSO Act is affirmed and against the conviction he is

sentenced to the period already undergone by him. The fine

sentence for the above offence is also affirmed.

8. It is reported that the Appellant is in jail, he be released

forthwith if not required in any other case.

9. Records of the Court below be sent back along with a copy of

this order forthwith for information and necessary compliance.

Sd/-

(Arvind Singh Chandel) Judge Shubham