2025:CGHC:27627-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1707 of 2019

1 - Lakhan Lal Chouhan, S/o Rama Chouhan, Aged About 22 Years, R/o Jaitpur, Police Station Sarsiwa, District- Baloda Bazar-Bhatapara, Chhattisgarh. ... Appellant versus

1 - State of Chhattisgarh Through: Station House Officer, Police Station Sarsiwa, District- Baloda Bazar-Bhatapara, Chhattisgarh.

... Respondent(s)

Hon'ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Amitendra Kishore Prasad Judgment on Board Per Rajani Dubey, Judge

25.06.2025

1. This appeal under Section 374(2) of Cr.P.C. has been filed by the appellant against the judgment of conviction and order of sentence dated 25.09.2019 passed by learned Special Judge (POCSO) Baloda Bazar, District- Baloda Bazar- Bhatapara (C.G.) in Special Criminal (POCSO) Case No.08/2018 whereby, the trial Court convicted the appellant for the offence under Sections 363, 366, 376 of IPC & Section 4 & 18 of the POCSO Act, however, the offence under Section 18 of POCSO Act is for attempt to commit offence whereas in the present case an offence has been committed, hence the trial Court did not award separate sentence under Section 18 of the POCSO Act. Furthermore, as the quantum of sentence prescribed under Section 376 of IPC and that under Section 4 of the POCSO Act being the same, considering the fact that the victim is a minor and there is a special Act for dealing with such offences, trial Court sentenced the appellant as under:-

2. Case of the prosecution is that the complainant (P.W.-1) lodged the report to the concerned police station Sarsiwa alleging that he is a resident of village Jaitpur and working as labourer. On 12.12.2017, he had gone out to work when his wife called and informed that his daughter/victim, aged about 2 years and 7 months, was taken by the neighbour Lakhan Chauhan and molested her. Upon hearing the same, he immediately came home and seeing the girl/victim almost unconscious, he brought her to Government Hospital- Sarsiva for treatment. From there, he went to the police station to register a report. His daughter/victim aged 3 years was taken to the house of neighbour Lakhan Chauhan and raped due to which blood came out from the private part of the daughter and got stained on her underwear. On the basis of said report, FIR (Ex.P.1) was registered against the appellant for the offence punishable under Sections 363, 366, 376 of the IPC and Sections 4, 18 of the Protection of Children from Sexual Offences Act. Spot map (Ex.P/2) was prepared. Medical examination of the victim was done. Seizures were made. Thereafter, the accused was arrested. After completion of investigation, a charge sheet was filed before the trial Court under Sections 363, 366, 376 of the IPC and Sections 4, 18 of the Protection of Children from Sexual Offences Act followed by framing of charges, to which the appellant abjured his guilt and prayed for trial.

3. So as to hold the accused/appellant guilty, the prosecution examined as many as 16 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Cr.P.C. in which he denied the incriminating circumstances appearing against him and pleaded innocence and false implication in the case. However, he did not adduce any evidence in his defence.

4. Learned trial Court upon appreciation of oral and documentary evidence available on record, by i