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CHHATTISGARH HIGH COURT
Ramesh Sinha, C.J. and
Ravindra Kumar Agrawal, J.
Rajesh Kumar Hidko – Appellant
versus
State of Chhattisgarh Through Police Station-Bhanupratappur – Respondent
CRA No. 53 of 2024
Decided on 13.4.2026
Counsel for the Parties:
For the Appellant:Mr. C.K. Sahu, Advocate
For the Respondent: Mr. Saurabh Sahu, Panel Lawyer
IMPORTANT POINT
Rape – A victim of a sex-offence cannot be put on par with an accomplice – She is in fact a victim of crime – Evidence Act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars.
Headnote:
(A) Protection of Children from Sexual Offences Act, 2012 – Section 5(d) and 6 – Indian Penal Code, 1860 – Sections 450, 363 and 376AB – Kidnapping and rape of girl child – Conviction and sentence – At the time of incident, victim is a minor girl below 12 years of age – As per FSL report, semen stains and human sperm were found on underwear seized from appellant – In Indian society refusal to act on testimony of victim of sexual assault in absence of corroboration as a rule, is adding insult to injury – A girl or a woman in tradition bound non-permissive society of India would be extremely reluctant even to admit that any incident which is likely to reflect on her chastity had ever occurred – Prosecution has succeeded in proving its case beyond all reasonable doubts against appellant – Conviction and sentence as awarded by Special Judge to appellant upheld. (Paras 16, 23, 24 and 30)
(B) Indian Penal Code, 1860 – Sections 450, 363 and 376AB – Protection of Children from Sexual Offences Act, 2012 – Section 5 (d) and 6 – Indian Evidence Act, 1872 – Illustration (b) to Section 114 and 118 – Kidnapping and rape of girl child – A victim of a sex-offence cannot be put on par with an accomplice – She is in fact a victim of crime – Evidence Act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars – She is a competent witness under Section 118 and her evidence must receive same weight as is attached to an injured in cases of physical violence – Same degree of care and caution must attach in evaluation of her evidence as in case of an injured complainant or witness and no more – If a victim is an adult and of full understanding Court is entitled to base conviction on her evidence unless same is own to be infirm and not trustworthy – If totality of circumstances appearing on record of case discloses that victim does not have a strong motive to falsely involve person charged, Court should ordinarily have no hesitation in accepting her evidence. (Para 25)
Result: Criminal Appeal dismissed.
JUDGMENT (ON BOARD)
Ramesh Sinha, CJ.—Today, the matter is listed for hearing on I.A.No.01/2023 application for suspension of sentence and grant of bail to the appellant. However, with the consent of learned counsel for the parties, the appeal itself is heard finally as the appellant is in jail since 13.03.2023.
2. The mother of the victim (PW-9) has appeared through DLSA, Kanker and objected for grant of bail to the appellant.
3. This criminal appeal arises out of the judgment of conviction and order of sentence dated 26.09.2023 passed by the Special Judge (Protection of Children from Sexual Offences Act, 2012), Bhanupratappur in Special Criminal Case (POCSO Act) No.17/2023, whereby the appellant has been convicted for offence under Sections 450, 363 and 376AB of the Indian Penal Code (hereinafter called as “IPC”) and sentenced to undergo RI for ten years and fine of Rs.1000/-, in default of payment of fine to further undergo RI for two months, RI for seven years and fine of Rs.500/-, in default of payment of fine to further undergo RI for one month and RI for life till natural death and fine of Rs.10,000/-, in default of payment of fine to further undergo RI for six months.
4. The prosecution story, in brief, is that on 13.03.2023, the complainant (the victim’s grandmother) appeared at Kachha police post and provided oral information stating that she was a resident of Duwa village and worked as a daily wage laborer. They owned two houses. On 12.03.2023, after dinner, the family went to sleep in their designated areas. She and her nine-year-old granddaughter slept on the edge of the veranda (shade), and her three-year-old granddaughter, PW-1, slept in the middle. The victim’s parents had gone to sleep in their new house. Both exit doors to their house were locked from the inside. She woke up at 4:00 A.M. to go to the bathroom and noticed that her granddaughter was not in bed. She searched the house, both inside and outside, but could not find her. She then gathered her daughter-in-law, son and other family members and told them that her granddaughter, the victim, had slept with her and she was missing. All the members of her family gathered together and searched all the places in the house once again and also asked the victim’s parents who were sleeping in the new house, but the victim was nowhere to be found. Her granddaughter, the victim, is a 3-year-old girl, who has gone away somewhere without informing her. She fears that some unknown person has kidnapped her minor granddaughter, the victim.
5. On the basis of the above oral information of the complainant (grandmother of the victim), an unnumbered First Information Report (FIR) Ex.P.-7 was registered against an unknown person under Section 363 IPC under unnumbered crime number 0/2023 at Police Post Kachha and the case was taken into investigation. On appearing at Police Station Bhanupratappur for registration of numbered crime, FIR No. 34/2023 Ex.P.-39 was registered under Section 363 IPC and the case was taken into investigation. During the investigation, after the recovery of the victim, her statement was recorded by a female police officer and as per her statement, on prima facie the accused/appellant being found to have committed the said crime, after completing all the necessary formalities and investigation work related to the investigation, a case was registered against the accused / appellant under Sections 363, 450, 376AB IPC and Section 5 (d), 6 of the Protection of Children from Sexual Offences Act, 2012 and filed the charge-sheet before the competent jurisdictional Criminal Court, which is registered as Special Criminal Case No. 17/2023.
6. On the basis of the charge sheet presented before the Court, charges under Sections 450, 363, 376AB) of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 have been framed against the accused / appellant and read out. The accused denied the alleged offence and in his statement, he claimed in
