1 (CRA No. 797 of 2022) 2025:CGHC:10121 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 797 of 2022 1 - Ashish Kumar Suryawanshi @ Vicky S/o Shri Bharat Lal Garhewal Aged About 26 Years R/o Village- Banari, Police Station- Janjgir, Civil And Revenue, District- Janjgir-Champa Chhattisgarh --- Appellant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Janjgir, Civil And Revenue, District- Bilaspur Chhattisgarh --- Respondent(s) (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------- For Appellant :- Mr. Paras Mani Shriwas. Advocate For State :- Dr. Surendra Kumar Dewangan, PL ------------------------------------------------------------------------------------- SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 28.02.202 5 1. This criminal appeal filed by the appellant under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 23.04.2022, passed by the Special Judge (POCSO), Janjgir, District - Janjgir-Champa in Special Session Case No.29/2020 (State v. Ashish Kumar Suryawanshi), ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.03.04 10:58:52 +0530 2 (CRA No. 797 of 2022) whereby he has been convicted for offence under Section 354 of the IPC and under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to R.I. for 3 years (on each count) with fine of Rs. 1,000/- (on each count) and, in default of payment of fine, additional R.I. for 10 days (on each count) (All sentences to run concurrently). 2. Learned counsel for the appellant submits that the appellant has not committed the said offence and he has been falsely implicated. He further submits that the appellant has already served the jail sentence and has been released from jail on 24.12.2024. 3. Learned State Counsel relying upon memo dated 19.02.2025 of the Superintendent of Jail, Janjgir, Chhattisgarh also submits that after undergoing the jail sentence, the appellant has been released from jail on 24.12.2024. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the materials available on record with utmost circumspection. 5. Taking into consideration the finding of the learned trial 3 (CRA No. 797 of 2022) Court, particularly the statements of PW-1 & PW-11 that the appellant has sexually assaulted the complainant is a correct finding of fact based on the evidence available on record, which is neither perverse nor contrary to the record. Even otherwise, the appellant has already served the jail sentence and has been released from jail on 24.12.2024, therefore, I do not find it a fit case for interference and, accordingly, the instant criminal appeal is disposed of. 6. The memo dated 19.02.2025 of the Superintendent of Jail, Janjgir, Chhattisgarh is taken on record. Sd/- (Sanjay K. Agrawal) Judge @d!t!