SHIVKUMAR @ BALESHWAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal calls in question the correctness of the judgment dtd. 16.06.2023 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.9/2020. By the said judgment, the High Court confirmed the conviction and sentence as imposed on the appellant by the Special Judge (SC/ST Act), Surajpur, District Surajpur, Chhattisgarh in Session Case No.33/2018. The Trial Court, by its judgment dated 22.10.2019, convicted the appellant for offences punishable under Sections 363, 366, 506 and 376 of the Indian Penal Code, 1860 (for short the"IPC"), Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (for short the"POCSO") and Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the"SC/ST Act"), and sentenced him as under:-

(3.) We have heard Mr. Kaushal Yadav, learned counsel for the appellant and Mr. Rishabh Sahu, learned Deputy Advocate General for the State. We have also perused the records, including the original Trial Court records.