Rishi Kumar And Ors vs State Of Chhattisgarh
2023 Latest Caselaw 705 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                          Order Sheet
                                Criminal Appeal No. 474 of 2002

                        Rishi Kumar And Ors. Versus State Of Chhattisgarh




02.02.2023

Mr. Rahil Kochar, counsel for the appellant.

Mr. Praveen Shrivastava, Panel Lawyer for the State. Heard on IA No. 1 of 2021.

I have also perused the record with due care. Vide judgment dated 23-04-2002 passed by Special Judge 'Atrocities' and Additional Sessions Judge, Raipur in Sessions Trial No. 285/2000, the appellants have been convicted under Section 363, 366 & 376 of the IPC and sentenced to undergo RI for 3 years with fine of Rs. 500/-, RI for 4 years with fine of Rs. 1,000/- and RI for 10 years with fine of Rs. 5,000/- respectively, with default stipulations.

Learned counsel appearing on behalf of the Appellant No. 2/juvenile submits that the incident took place on 01-04-2000 and he was below 18 years.

Since, this issue has been raised for the first time at the appellate stage, it would be in the interest of justice to get an inquiry done into the age of Appellant No. 2 on the date of the incident. Therefore, the Trial Court, i.e. Special Judge 'Atrocities' and Additional Sessions Judge, Raipur (C.G) is directed to make an inquiry into the date of birth and age of Appellant No. 2 and send his report to the Registry of this Court within one month from the date of receipt of this order. Appellant No. 2 is directed to remain present before the Trial Court on 23.02.2023 along with necessary documents relating to his age. List this appeal for further hearing after receipt of the report of the Trial Court.

The appellant No. 2 is directed to cooperate with the trial Court failing which he will face the consequence.

Record of the trial Court be sent back to the trial Court after obtaining scan copy of the same.

Sd/-

(Narendra Kumar Vyas) JUDGE

Deshmukh