Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2024.08.30

17:45:51 +0530

2024:CGHC:31958-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1434 of 2018 (Arising out of judgment of conviction and order of sentence dated 21.08.2018 passed by the learned Additional Sessions Judge (FTC), District Korba (C.G.), in Special POCSO Case No.10/2017)

Pradeep Banjare S/o Rajendra Banjare Aged About 23 Years R/o Village- Kotmi Sonar, Police Station- Akaltara, District- Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Appellant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Urga, Korba, District- Korba, Chhattisgarh., District :

Korba, Chhattisgarh ... Respondents For Appellant : Mr. Sabyasachi Bhaduri, Advocate For Respondent/State : Mr. Arvind Dubey, Govt.

Advocate Division Bench Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswa l Judgment on Board (22.08.2024)

Sanjay Kumar Jaiswal, J.

1. Invoking jurisdiction of this Court under Section 374(2) of the CrPC, the appellant herein has preferred this criminal appeal calling in question legality, validity and correctness of the judgment of conviction and order of sentence dated 21.08.2018 passed by the learned Additional Sessions Judge (FTC)/ Special Court under the Prevention of Children from Sexual Offences Act, 2012, District Korba (C.G.), in Special POCSO Case No.10/2017 by which he has been convicted for offence as under:-

2. The facts of the case are briefly as follows that the prosecutrix (PW-1) went to Bhubaneswar, Odisha in 2015 to study B.Tech Computer Science. The appellant Pradeep Banjare was also studying B.Tech there. Both belong to the same community. Both the parties started talking on the phone. The prosecutrix's date of birth is 22/10/1998. On the alleged first incident on 22/08/2016, she was below 18 years of age and on the second incident on 09/03/2017, she was above 18 years of age. On the pretext of acquaintance, the appellant took the prosecutrix to Shubh Lakshmi Guest House on the pretext of giving her a gift and there he committed rape upon her. A video of the incident was made by him along with co-accused Vijay Yadav. Threatening to circulate that video, the appellant again went to the house of the prosecutrix and committed rape upon her on 09/03/2017. The appellant also started demanding Rs. 20,000/- from the prosecutrix. Later, the alleged video was sent via internet to the mobile phone of the prosecutrix's father (PW-4) by co-accused Vijay Yadav. Thereafter, on written report given by the prosecutrix, crime number 67/2017 was registered at Urga Police Station. The prosecutrix was medically examined. The prosecutrix's birth certificate and mutation register and phone were seized. The vaginal slide was prepared and sent for chemical examination. Statements of witnesses were recorded. Spot Maps were prepared. On completion of investigation, charge sheet was filed.

3. During the course of trial, in order to bring home the offence, the prosecution has examined as many as 15 witnesses and exhibited 33 documents and seized 40 articles, which also included CDR. Statement of the appellant was recorded under Section 313 of Cr.P.C. in which he denied circumstances appearing against him in prosecution case, pleaded innocence and false implication.

4. After hearing both the parties, the trial court passed th