Chatt Kunwar Sarthi Vs State of Chhattisgarh & Anr. (Supreme Court of India)
The matter includes proceedings before the Supreme Court and an appeal decided by the High Court of Chhattisgarh. Before the Supreme Court, the case was listed with directions to the State to produce respondent no.2. Although it was stated that the respondent had been produced earlier, he was not present on the scheduled date despite specific directions. The Court took strong exception to this non-compliance and directed the Superintendent of Police, Korba, to appear and show cause for the failure to comply with the Court’s order. The Court also directed that respondent no.2 be physically produced on the next date and clarified that all logistics and costs for such production would be borne by the State authorities.
Read HC Judgment in this case: Chhattisgarh HC Granted Acquittal Due to Contradictory Witness Testimony & Lack of Proof
The High Court proceedings arose from an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, challenging the conviction and sentence dated 09.05.2023 passed by the Special Judge under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Korba. The appellant had been convicted under Section 376(2)(L) of the Indian Penal Code and Sections 3(2)(v) and 3(1)(w) of the Atrocities Act, with sentences including life imprisonment.
