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2025 DAILYLAW 43675 (CHH)

MAHIPAL NIRALA v. THE STATE OF CHHATTISGARH

CRA/2279/2023 · 2025-05-01

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:19967 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2279 of 2023 Mahipal Nirala S/o Devsay Aged About 45 Years R/o Village Kadambahra, Distt. Manendragarh Chirmiri Bharatpur (C.G.) ... Appellant(s) versus The State Of Chhattisgarh Through Police Station Khadgawa Distt. Manendragarh Chirmiri Bharatpur (C.G.) ... Respondent(s) For Appellant(s) : Mr. Parag Kotecha, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 01 .05 .2025 1. This appeal is directed against the judgment of conviction and order of sentence dated 23.11.2023 passed by the the Special Judge POCSO Act, Chirmiri, District – Koriya (C.G.) in Special Cr. Criminal Case No.52/2023, whereby the appellant has been convicted and sentenced in following manner :- AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 CONVICTION SENTENCE Under Section 450 of the Indian Penal Code. RI for 5 years and fine of Rs.500/-, in default of payment of fine to further undergo RI for 1 month. Under Section 4 of the Protection of Children from Sexual Offences Act (for short ‘POCSO Act’). RI for 10 years and fine of Rs.1,000/-, in default of payment of fine to further undergo RI for 2 months. (Both the sentences were directed to be run concurrently) 2. Learned Counsel for the appellant would submit that the sole appellant, namely, Mahipal Nirala, has died during the pendency of present appeal. 3. From perusal of the PUD sent by the Special Judge POCSO Act, Chirmiri, District – Koriya (C.G.) dated 27.03.2025, it transpires that the sole appellant, namely, Mahipal Nirala has died on 12.04.2024 at DKS Super Speciality Hospital, Raipur, copy of his Death Certificate is annexed with the PUD. 4. In view of the above, the present appeal stands abated. Sd/- Sd/- (Ramesh Sinha) Chief Justice Akhil