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2025 Supreme(Online)(CHH) 4605

HIGH COURT OF CHHATTISGARH
CHAMPAI URF CHAMPA MUNDA – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
CRA/158/2023



2025:CGHC:15141-DB A KN UMKI AT RDsAKSi INUig Ngn MKi GteIa AdT Hl R byy SINGHD21+07a 02:t 52e5 37:. 00:448.07 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 158 of 2023 [Arising out of judgment dated 30.06.2022 passed in the Special Criminal Case under the POCSO Act 18/2016 by the Additional Sessions Judge/Fast Track Special Court (POCSO), Raigarh, District Raigarh, Chhattisgarh]

 Champai Urf Champa Munda S/o Veer Singh Munda, aged about 29 years, R/o Village Baidmara, Police Station Sonva, District - West Sinbhum (Jharkhand) at Present R/o B-78 C.D.D.A. felt colony, Thana Rajauri Garden, New Delhi.

--- Appellant versus  State of Chhattisgarh through the Station House Officer, Police Station Kotararoad, District – Raigarh, Chhattisgarh.

--- Respondent For Appellant :- Mr. Manoj Kumar Jaiswal, Advocate.

For Respondent-State :- Mr. Rahul Tamaskar, Government Advocate.

Division Bench Hon'ble Shri Justice Sanjay K. Agrawal & Hon'ble Shri Justice Sachin Singh Rajput Judgment On Board (28.03.2025)

Sanjay K. Agrawal, J

1. Assail in the present criminal appeal filed under Section

374(2) of the CrPC preferred by the appellant herein, is to the legality, validity and correctness of the judgment dated 30.06.2022 passed by the Additional Sessions Judge/Fast Track Special Court (POCSO), Raigarh, District Raigarh, Chhattisgarh, in the Special Criminal Case under the POCSO Act 18/2016, by which the appellant herein has been convicted and sentenced as under:-

Conviction Sentence
Under Section 363/34 of the IPC Rigorous imprisonment for 3 years ₹ with fine of 1,000/-; in default of payment of fine amount the appellant has to undergo rigorous imprisonment for 6 months.
Under Section 370(4)/34 of the IPC Imprisonment for life with fine of ₹ 5,000/-; in default of payment of fine amount the appellant has to undergo rigorous imprisonment for 1 year.
Under Section 374/34 of the IPC Rigorous imprisonment for 6 months ₹ with fine of 500/-; in default of payment of fine amount the appellant has to undergo rigorous imprisonment for 1 month.

All the sentences are directed to run concurrently.

Prosecution story:-

2. Case of the prosecution, in brief, is that 6-7 months prior to

21.01.2016, in the rented house of Girdhari Yadav, at Kiradimal Nagar Ward No.6, Raigarh, Chhattisgarh, the appellant herein along with other co-accused persons namely Turkee, Virendra, Monika and Lakhan Bandra @ Sarjom (appellant-Lakhan Bandra @ Sarjom has already been acquitted of the charges framed against him by this High Court in the case of Lakhan Bandra @ Sarjom v. State of Chhattisgarh, [CRA No.1678 of 2018; decided on 30.09.2022]) in furtherance of their common intention, abducted the minor victims A & B (PWs-3 & 13) from the lawful guardianship of their parents by practicing fraud, deception and inducement and took them to Delhi. Further, acquitted co-accused Lakhan Bandra @ Sarjom took mionr victim (PW-3), aged about 10 years, to Delhi and engaged her as maid servant and she was compelled to perform household works, cleaning and etc. However, Lakhan Bandra @ Sarjom (acquitted co-accused) sold the victim B (PW-13), aged about 14 years, to the present appellant, who engaged her as maid servant and she was compelled to perform household works, cleaning and etc. The appellant herein has took minor victim B (PW-13) to the house of one Monika Chawla where she was forcefully engaged as maid servant and was compelled to perform household works, cleaning etc., and she was harassed and exploited too.

3. The said incident was reported by mother (PW-2) of PW-3, reported the written complaint vide Ex.P/5 pursuant to which FIR was registered vide Exs.P/7 & P/37. Consequently, on 27.01.2016 victim A (PW-3) was recovered by recovery panchnama (Ex.P/8) and similarly, victim B (PW-13) was also recovered by recovery panchnama (Ex.P/32). Crime details form was prepared vide Ex.P/7. Victims were medically examined. As per medical e

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