NANKI BAI SEN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the Acquittal Appeal filed on behalf of the complainant and the Criminal Appeal preferred by the accused/appellant arise out of the same judgment passed by the learned trial Court, and as the issues involved in both the appeals are interconnected and based on the same set of facts and evidence, it was considered appropriate and in the interest of justice to hear them together. Accordingly, both the appeals have been clubbed, heard analogously, and are being disposed of by this common judgment.

(2.) Acquittal Appeal No. 65/2013 has been preferred on behalf of the complainant assailing the legality, validity, and propriety of the judgment dtd. 7/8/2013 passed by the learned Additional Sessions Judge, Bemetara, Civil District Durg, Revenue District Bemetara, Chhattisgarh, in Sessions Trial No. 36/2012. By the said judgment, the learned Trial Court has acquitted respondent No. 2, namely Ramesh Kumar, of the charges punishable under Ss. 342, 506-B, and 376 of the Indian Penal Code, 1860 (for short, 'IPC') and has convicted him only for the offence punishable under Sec. 67 of the Information Technology Act, 2000 (for short, 'IT Act'). For the said conviction, the respondent No.2 has been sentenced to pay a fine of Rs.50,000.00, and in default of payment of the fine amount, to further undergo simple imprisonment for a period of three months.

(3.) Criminal Appeal No.82/2014 has been filed by the accused/appellant Ramesh Kumar, challenging the legality, validity and propriety of very same judgment dtd. 7/8/2013 passed by the learned Additional Sessions Judge, Bemetara, Civil District Durg, Revenue District Bemetara, Chhattisgarh, in Sessions Trial No. 36/2012. By the said judgment, the learned trial Court has acquitted him for the charges punishable under Ss. 342, 506-B, and 376 of the IPC and has convicted him only for the offence punishable under Sec. 67 of the IT Act and sentenced to pay a fine of Rs.50,000.00, and in default of payment of the fine amount, to further undergo simple imprisonment for a period of three months.