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2024 Supreme(Online)(Chh) 15884

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Deepak Kumar Tiwari, J
State Of Chhattisgarh – Appellant
Versus
Guljar Singh – Respondent


Advocates:
For the Appellants/Petitioners:
For the Respondents:

Per Deepak Kumar Tiwari, J.

15.07.2024

1. This appeal is directed against the judgment of conviction and order of sentence dated 22.03.2021 passed by the Special Judge, Protection of Children from Sexual Offences Act 2012, Jashpur, Chhattisgarh in Special Criminal (POCSO Act) Case No.10/2020, whereby, the appellant has been convicted and sentenced as under :

2. Prosecution case, in brief, is that the prosecutrix (PW-3), aged about 13 years, lodged an FIR (Ex.P-6) on 08.06.2020 at Police Station Bagicha, Jashpur to the effect that on 5.1.2020, in the morning hours, when her parents had gone for doing labour work and she was alone in her house, the accused/appellant came therein and committed rape with her and also threatened to kill her if she disclosed the incident to anyone. The victim further stated that thereafter, the appellant used to enter the house whenever she was alone in her home and committed rape with her and this continued for five days. However, due to fear, she did not disclose the incident to anyone. Later on, when she got pregnant, she informed about the incident to her family members, which led to lodging of the present FIR.

3. Based on the aforesaid information, the

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