Office Reference vs Ramnarayan Manhar
2021 Latest Caselaw 3109 Chatt

                HIGH COURT OF CHHATTISGARH, BILASPUR
                                    Order Sheet
                                CRREF No. 4 of 2021
                   Office Reference Versus Ramnarayan Manhar




11/11/2021

Mr. Adil Minhaj, Govt. Advocate for the State.

This is a reference sent by the trial Court - Additional District & Sessions Judge, FTSC (POCSO Act), Balodabazar - for passing appropriate orders under Section 318 of Cr.P.C.

Vide judgment dated 27.10.2021 passed in Misc. Criminal Case (POCSO) No. 34/2018, the trial Court after conducting trial against the accused Ramnarayan Manhar, who is a deaf and dump person, held him guilty under Section 376(2)(f) of IPC and Section 4 of Protection of Children from Sexual Offences Act, 2021. It has been observed in the said judgment that the accused is deaf and dumb and during the whole trial proceedings and even at the time of pronouncement of the judgment, it is noticed that the accused is unable to understand the proceedings conducted against him.

The reference is admitted for hearing.

Let a notice be issued to the natural guardian-father of the accused namely Bheduram Manhar thereby informing him that he has to make arrangement for representation of the accused before this Court by engaging a counsel or else this Court would appoint a counsel for the accused on its own.

A notice be also sent to the accused informing him that the instant reference is pending for consideration before this Court and if he wants to appoint a Counsel for his defence, he is to inform about the same to this Court through concerned Superintendent of Police, before the next date of hearing.

A copy of the entire record received from the trial Court be supplied to the State counsel.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant