Dinesh Kumar Bhatt @ Chhotu v. State Of C.G.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No. 645 of 2012 • Dinesh Kumar Bhatt @ Chhotu S/o Ramesh Kumar (as per annexed affidavit father name mention) aged about 30 years Resident of near the Kali-Mandir ward No. 13 Nandini DistrictDurg (C.G.) ---- Appellant

Versus

• State Of Chhattisgarh Through Police Station Nandini (Durg), District : Durg Chhattisgarh ---- Respondent For Appellant : Shri F.S. Khare, Advocate.

For Respondent/State : Shri UKS Chandel, Panel Lawyer. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 30/06/2018

1. The Appellant has been convicted under Section 323 of IPC and sentenced to undergo RI for three months, under Section 506-B of IPC and sentenced to undergo RI for six months and under Section 376 of IPC and sentenced to undergo RI for 10 years and to pay fine of Rs. 1,000/-, with default stipulation.

2. A certificate of incarceration sent by the Jail Superintendent, Central Jail, Durg (C.G.) dated 29-06-2018 would mention that the Appellant has undergone the entire jail sentence imposed upon him by the Trial Court and already released on 31-05-2018

from the Jail.

3. I have heard both the counsel appearing for the parties and perused the record with due care.

4. Case of the prosecution is based on the statement of prosecutrix (PW-1), a girl aged about 11 years. She duly supported the case of the prosecution. She remained firm during her cross -examination. Her statement is also corroborated by Shabbir Mohammad (PW-2) and Jahara Bee (PW-4) parents of the prosecutrix. Prosecutrix was medically examined by Dr. Vrinda Madge (PW 8), her report is also positive.

5. Considering the material available on record, I do not find any merit in this appeal.

6. Consequently, the appeal deserves to be and is hereby dismissed.

Sd/- (Arvind Singh Chandel) Judge Shubham