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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, C.J., RAVINDRA KUMAR AGRAWAL
Rakesh Khunte, S/o. Shri Shital Khunte – Appellant
Versus
State of Chhattisgarh, Through Police Station Kharsia, Raigarh, Chhattisgarh – Respondent
Order :
Ravindra Kumar Agrawal, J.
1. Both these appeals arise out same crime number and the same sessions trial, therefore, they are being heard and decided together.
2. The Criminal Appeal No. 1540/2016, filed by the appellant Rakesh Khunte against the impugned judgment of conviction and sentence dated 28.11.2016 passed by the learned Additional Sessions Judge, Fast Track Court, Raigarh in Sessions Trial No. 107/2011, whereby the appellant Rakesh Khunte has been convicted and sentenced in the following manner:
3. The Criminal Appeal No. 128/2017, has been filed by the appellants Anil Khanna and Mandanlal Dansena (as per the cause title it is written as Madanlal Dadsena) against the impugned judgment of conviction and sentence dated 28.11.2016 passed by learned Additional Sessions Judge, Fast Track Court, Raigarh in Sessions Trial No. 107/2011, whereby the appellant Rakesh Khunte has been convicted and sentenced in the following manner:
4. In the Criminal Appeal No. 1495/2025, filed by the accused Ramadhar Baghel (accused in Sessions Trial No. 38/2021 decided by learned Additional Sessions Judge (FTC) Sakti, District Janjgir-Champa on 14.07.2025) it was pointed out that the daughter of
Prosecution must prove charges beyond reasonable doubt; victim's testimony must inspire confidence. Critical inconsistencies undermined the conviction for kidnapping and rape.
The prosecution must prove a victim's age beyond reasonable doubt, and consent negates charges of kidnapping and rape when the victim willingly engages in a relationship.
The prosecution must prove the victim's age and the elements of the crime beyond a reasonable doubt, with evidence of consent negating charges of kidnapping and rape.
The court upheld the conviction for rape of a minor based on credible testimony and corroborative evidence, emphasizing the admissibility of school records for age determination.
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