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High Court Of ChhattisgarhCRA/660/2016abated

Rambhajan v. State Of Chhattisgarh

2021-03-15Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 660 of 2016 • Rambhajan son of Arjun Gond, aged about 22 years, resident of village Narsinghpur, Police Station- Pandaria, District Kabirdham (Kawardha)(CG) ---- Appellant

Versus

• The State Of Chhattisgarh Through Station House Office, Police Station, Pandaria, District Kabirdham(Kawardha), Chhattisgarh ---- Respondent For Appellant :

None For Respondent/State :

Shri Sameer Uraon, G.A.

Hon'ble Shri Justice Gautam Chourdiya, J Judgment On Board 15/03/2021

1. This appeal arises out of the judgment of conviction and order of sentence dated 5.5.2015, passed by the Fast Track Court of Additional Sessions Judge Avam Special Judge under the POCSO Act, 2012, Kabirdham(Kawardha)(CG) in Special Sessions Case No.76 of 2015, whereby and whereunder the appellant has been convicted under Sections 363, 366(A), 376(2)(i) of the IPC and Section 4 of the POCSO Act and sentenced to undergo R.I. 7 years and fine of Rs.500/-; R.I. for 7 years and fine 500/-; R.I. for 10 years and fine of 500/-; & R.I. for 7 years and fine of Rs.500/- with default stipulations with a direction to run the sentences concurrently.

2. Perused the PUD dated 9.6.2020, memo No.2940/ warrant/2020 received from the office of Superintendent of Central Jail, Raipur

(CG), wherein it has been informed that the appellant- Rambhajan S/o Arjun has died on 11.7.2017.

3. The sole appellant has died during the pendency of this appeal and no application has been filed by the legal representatives of the appellant to prosecute the appeal.

4. As per jail warrant, the appellant/deceased has already deposited the fine amount.

5. Accordingly, the present appeal is abated on account of death of the sole appellant.

6. Record of the trial Court be sent back.

Sd/ (Gautam Chourdiya) JUDGE sunita