2025:CGHC:32303-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment reserved on : 08-04-2025 Judgment delivered on : 11-07-2025 CRA No. 1436 of 2019 Mahendra Jain S/o Jhaduram Jain Aged About 28 Years R/o Village Sendurmeta, Thana Amabeda, District Uttar Bastar Kanker Chhattisgarh ... Appellant versus The State Of Chhattisgarh Through Police Station Amabeda, District U.

B. Kanker Chhattisgarh ... Respondent For Appellant : Mr. Parag Kotecha, Advocate.

For Respondent : Mr. Devesh G. Kela, Panel Lawyer Hon'ble Smt. Justice Rajani Dubey, &

Hon'ble Shri Justice Sachin Singh Rajput, JJ

CAV Judgment

Per Rajani Dubey, J The appellant in this appeal is challenging the legality and validity of the judgment of conviction and order of sentence dated 12.9.2019 passed by the Additional Sessions Judge (FTC) and Special Judge (Protection of Children from Sexual Offences Act, 2012), Uttar Bastar Kanker in Special Criminal Case (POCSO Act) No.04/2019 whereby the appellant stands convicted under Sections 342, 376(2)(f) (j)(k) of IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (in short “the POCSO Act, 2012”). However, keeping in view the provisions of Section 42 of the POCSO Act, 2012, the appellant is sentenced as under:

Both the sentences were directed to run concurrently.

02. Case of the prosecution, in brief, is that complainant, who is aunt of the prosecutrix – a 17 years old dumb girl, lodged a written report (Ex.P/10) to the effect that on 23.11.2018 while she was returning from the house of her sister, she saw sister of the prosecutrix looking for the prosecutrix. On sister of the prosecutrix calling out, she heard the voice of the prosecutrix emanating from the house of the accused/appellant. Thereafter, they stood there only and when she again called her out, they heard the clinking sound of bangles. Then she called out her at the door of his house and after some time when the backdoor opened, the prosecutrix came out weeping and she was very much afraid. The prosecutrix’s hair was disheveled, her clothes were dusty, she was holding her leggings in her hand and was shivering and therefore, seeing her condition, when she went inside the house of the accused/appellant, she saw that he was hiding himself and was zipping up his pant. The prosecutrix is a dumb girl, she told her about the incident through gestures that the accused/appellant cajoled her away to his house and committed rape on her. Thereafter, the complainant informed about this incident to mother and father of the prosecutrix as also to the persons in the vicinity. Based on this complaint, unnumbered crime for the offence under Sections 342, 376 of IPC and Section 4 of the POCSO Act, 2012 was registered against the accused vide Ex.P/11 at PS-Kanker and later on transferred to PS-Amabeda where Crime No.17/2018 was registered vide Ex.P/25.

03. During the course of investigation, spot map and Nazri Naksha (Ex.P/12 & P/17) were prepared; after obtaining consent of parents of the prosecutrix (Ex.P/1), her medical examination was got done (Ex.P/2) and as per seizure memos Ex.P.3, P/5, P/7, P/12, P/26 to P/29 certain articles were seized. The seized articles were sent for examination to FSL, Jagdalpur from where report Ex.P/15 was obtained. After completion of whole investigation, charge sheet under Sections 342, 376 of IPC and Section 4 of the POCSO Act, 2012 was filed against the accused/appellant. Learned trial Court framed charges under Sections 342, 376(2)(f)(j)(k) of IPC and Section 4 of POCSO Act, 2012 against the accused, which were abjured by him and he prayed for trial.

04. In order