RAMKUMAR CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Though Cr.A. No.1457/2022 was filed before the learned Single Judge as the jail sentence awarded to the appellant-Ram Kumar Chouhan is less than 10 years, however, as the said appellant was also convicted and sentenced alongwith appellant-Karan Ram Chauhan vide the judgment dtd. 6/8/2022 passed in Special Criminal POCSO Case No. 39/2020 by the Additional Sessions Jude, Fast Track Special Court (POCSO Act) Ambikapur, District Surguja, these two appeals are being considered and decided by this common judgment.

(2.) The appellants have preferred these appeal under Sec. 374(2) of Cr.P.C. questioning the judgment dtd. 6/8/2022 whereby the appellants have been convicted and sentenced as under:

(3.) Case of the prosecution, in short, is that on the date of incident i.e. on 20/8/2020, at about 2:30 p.m. while the victim (PW-2) had gone for grazing of her cattle, the appellant-Karan Ram Chauhan committed forceful sexual intercourse with her and the appellant-Ram Kumar Chouhan recorded the said offence on his mobile camera and thereafter they went away threatening the victim that if she discloses the incident to anyone, the same video clip would be made viral and she would be done to death.