LAWS(SC)-2021-12-51

LOCHAN SHRIVAS Vs. STATE OF CHHATTISGARH

Decided On December 14, 2021
Lochan Shrivas Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The appellant has approached this Court being aggrieved by the judgment and order passed by the High Court of Chhattisgarh, Bilaspur dated 17th November 2017, thereby dismissing the appeal preferred by the appellant challenging the judgment and order dated 17th June 2016, passed by the Additional Sessions Judge, Fast Track Court, Raigarh (hereinafter referred to as the "trial judge") vide which the trial judge convicted the appellant for the offences punishable under Sections 363, 366, 376(2)(i), 377, 201, 302 read with Section 376A of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO Act"). Vide the same judgment and order, the appellant was sentenced to death for the offence punishable under Section 302 of the IPC. For the other offences for which the appellant was found guilty, sentences of rigorous imprisonment of 3 years, 5 years, 7 years and life imprisonment have been awarded to the appellant. The trial judge has also made a reference being Cr. Ref. No. 1 of 2016 to the High Court under Section 366 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for confirmation of death penalty. Vide the impugned judgment and order, the High Court while dismissing the appeal of the appellant, has confirmed the death penalty.

(2.) The prosecution case in brief is thus:

(3.) Charges came to be framed for the offences punishable under Sections 363, 376(2)(i), 377, 201, 302 read with Section 376A of the IPC and Section 6 of the POCSO Act. The accused pleaded to be not guilty and claimed to be tried. At the conclusion of the trial, the trial judge recorded the aforesaid order of conviction and sentence. Being aggrieved thereby, an appeal was preferred by the appellant and also a reference was made by the trial judge under Section 366 of the Cr.P.C. By the impugned judgment and order, the High Court dismissed the appeal filed by the appellant and confirmed the death sentence. Hence, the present appeals.