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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, Ravindra Kumar Agrawal
Thanda Ram Sidar S/o Banshilal Sidar – Appellant
Versus
State of Chhattisgarh Through Station House Officer – Respondent
| Table of Content |
|---|
| 1. overview of convictions and factual background (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding false implication and contradictions (Para 5 , 6) |
| 3. consideration of minors' age in legal context (Para 7 , 8 , 9) |
| 4. determining age of the victim via statutory guidelines (Para 10 , 11 , 16) |
| 5. analysis of kidnapping under ipc definitions (Para 12 , 13 , 14 , 15 , 18 , 20) |
| 6. assessment of rape allegations and evidentiary requirements (Para 17 , 19 , 21 , 22) |
| 7. intent and requirement for abduction to prove section 366 ipc (Para 23 , 24 , 25) |
| 8. final convictions and acquittals (Para 26 , 27 , 28) |
| 9. order of transmission for trial court action (Para 29 , 30) |
JUDGMENT :
Ramesh Sinha, CJ.
1. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 28.02.2024 passed by the learned Special Judge (POCSO Act), Mahasamund, District - Mahasamund in Special Session Trial No. H-08/2023, whereby the trial Court has convicted and sentenced the appellant with a direction to run all the sentences concurrently in the following manner :
| CONVICTION | SENTENCE |
| U/s 363 of IPC | R.I. for 5 years and fine of |
The court affirmed the importance of credible evidence in sexual offense cases against minors while upholding the conviction for unlawful abduction but not for rape due to lack of proof.
The prosecution must prove specific intent for abduction under Section 366 IPC; failure to do so results in the acquittal of sexual assault charges.
Conviction for rape cannot be sustained where no signs of sexual intercourse is seen in victim’s body.
The prosecution must prove charges beyond reasonable doubt, and the lack of evidence can result in acquittal.
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
Rape – Consent of minor has no legal sanctity.
Charges under Sections 363, 366 IPC and Section 8 of POCSO Act require proof of inducement or coercion, which was not established as the victim left voluntarily.
Victim of rape being minor, her consent has no significance.
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