LAWS(CHH)-2020-1-143

SUNIL KUMAR Vs. STATE OF M P

Decided On January 30, 2020
SUNIL KUMAR Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 31.07.1998 passed by the Additional Sessions Judge, Surajpur, District Surguja, C.G. in Sessions Trial No. 224/96, whereby, the appellant stands convicted and sentenced for abduction of the minor prosecutrix from her lawful guardianship and subjecting her to forcible sexual intercourse, as under:-

(2.) During pendency of this appeal, learned counsel for the appellant filed an application I.A. No.01/17 claiming juvenility of the appellant on the date of incident. This Court vide order dated 24.04.2018 directed the 1st Additional Sessions Judge, Surajpur to conduct an inquiry into juvenility/age of the appellant and submit his report within a period of two months. In compliance thereof, 1st Additional Sessions Judge, Surajpur has submitted a report dated 18.09.2019 in MJC No.16/19 in which it has been mentioned that the appellant was below 18 years of age on the date of incident.

(3.) Heard on the report submitted by 1st Additional Sessions Judge, Surajpur after conducting inquiry into juvenility of the appellant.