NEELKANTH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Criminal Appeal No. 1920/2023 has been filed by the convict/appellantNeelkanth @ Neelu Nagesh and Criminal Appeal No. 142/2024 has been filed by convict/appellant-Nitin Yadav, challenging the judgment dtd. 7/9/2023 passed in POCSO Case No. 27/2021 by the Additional Sessions Judge Fast Track Special Court (POCSO and Rape Cases) Gariyaband, District Gariyaband, whereby the appellants have been convicted and sentenced as under: <IMG>JUDGEMENT_2_LAWS(CHH)12_2024_1.jpg</IMG>

(2.) ACQA No. 215/2024 has been filed by the mother of the victim challenging the acquittal of the appellant-Neelkanth @ Neelu Nagesh by the learned trial Court of the other offences of the IPC, POCSO Act and the Atrocities Act, 1989.

(3.) The case of the prosecution, is that the appellant-Nitin Yadav, on 19/10/2018 committed rape upon the victim, who was a minor aged about 9 years and belonging to scheduled caste category, in her own house and thereafter committed her murder by throttling and thereafter, the dead body was taken to a hill with the assistance of co-accused Neelkanth @ Neelu Nagesh and in order to screen the evidence, the dead body was buried in the ground and before burial, the co-accused Neelkanth committed rape upon the dead body of the victim.