Gulohar Banjare vs State Of Chhattisgarh
2022 Latest Caselaw 7186 Chatt

                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                                   CRA No. 1860 of 2022
  Gulohar Banjare S/o Paklu Banjare Aged About 18 Years 3 Months (Presently 21
   Years) R/o Village Jamgahan, Police Station Bhatgaon, District : Balodabazar-
   Bhathapara, Chhattisgarh                                  ---- Appellant.
                                          Versus
  State of Chhattisgarh Through Police Station Bhatgaon, District : Balodabazar-
   Bhathapara, Chhattisgarh                                   ---- Respondent

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30-11-2022 Dr. Shailesh Ahuja, counsel for the appellant.

Mr. R.M. Solapurkar, Govt. Advocate for the State. Mr. S.P. Sannat, Advocate for the objector. Victim/prosecutrix is also present along with her Advocate and her relatives.

The appellant has preferred the instant appeal against the Judgment of conviction and order of sentence dated 17-11-2022 passed by the learned Additional District & Sessions Judge, FTSC (POCSO Act) Balodabazar in Special Case (POCSO) No. 59 of 2020 whereby the trial court convicted and sentenced the appellant as under.

                  S.No Conviction                      Sentence
                  1.    Under Section 363 of IPC       RI for three years and fne of
                                                       Rs.500/-in default of payment
                                                       of fne additional RI for six
                                                       months.
                  2.    Under Section 366 of IPC       RI for three years and fne of
                                                       Rs.500/-in default of payment
                                                       of fne additional RI for six
                                                       months.

3. Under Section 4 of the RI for ten years and fne of Rs.

Protection of Children from 1000/-in default of payment of Sexual Ofences Act, 2012 fne additional RI for one year.

All the sentences are directed to run concurrently.

Learned counsel for the appellant would submit that the during trial the appellant and victim were married with each other and at present she is living in her matrimonial house along with father and mother of the appellant.

Considering the fact that the appellant and victim/prosecutrix were married with each other and at present she is living in her matrimonial house along with father and mother of the appellant, it is directed that the appellant shall move an application through Jail Superintendent of Police for getting registration of their marriage before the District Magistrate/Registrar of Marriage, Balodabazar. It is also observed that in case of filing of such application through Jail Superintendent of Police, the District Magistrate/Registrar of Marriage, Balodabazar shall take appropriate steps, in accordance with law.

Record of the court below be requisitioned. List this case on 9-1-2023.

Meanwhile, State may file its reply.

Sd/-

(Narendra Kumar Vyas) Judge

Raju