Mehattar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.374 of 2005 Mehattar S/o. Mahakundi, Aged about 65 years, R/o. Dhank, Thana Pithora, District Raipur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through the District Magistrate Raipur (C.G.) ---- Respondent ------------------------------------------------------------------------------------------ For Applicant : None For Respondent : Mrs. M. Asha, Panel Lawyer ------------------------------------------------------------------------------------------ Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board 08.01.2019 By the judgment under challenge passed on 25.08.2005 by Additional Sessions Judge Raipur, in Criminal Appeal No. 126 of 2005, the findings recorded by the learned Judicial Magistrate First Class, Dhamtari, have been affirmed.

2.

Learned State counsel submits that the applicant has served the entire sentence and he had been released after serving the entire sentence on 17.06.2006 after availing the benefit of remission.

3. Considering the facts and circumstances of the case and the fact that this Court went through the evidence of the important witnesses which shows the involvement of the accused/applicant

in the crime in question where he is alleged to have forced himself to kidnapped the prosecutrix from the lawful guardian ship and thereby has committed the offence under Section 363 IPC. Thus, conviction is justified and no interference is required therewith. Since, the applicant has already completed the sentence after getting benefit of remission etc, this point too does not require any further consideration.

4. In the result, the revision is dismissed.

Sd/- (Vimla Singh Kapoor) JUDGE Santosh