Table of Content
1. summary of facts pertaining to the case (Para 1 , 2 , 3 , 4)
2. arguments presented by both parties (Para 5 , 6)
3. court's observations and considerations (Para 7 , 8 , 15 , 16 , 17)
4. key legal determinations based on evidence (Para 9 , 20)
5. final decision and order by the court (Para 24 , 25)

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru, J.

29.07.2025

1. This appeal is directed against the judgment of conviction and sentence dated 13.06.2024 passed by learned Additional Sessions Judge/ Fast Track Court (POCSO) in Spl. Cr. Case No. 10/2019 Rajnandgaon (C.G.) whereby the appellant has been convicted and sentenced as under:

Conviction	Sentence
Under Section 363 of the Indian Penal Code	Rigorous Imprisonment for 03 years and fine of Rs. 500/- in default of payment of fine additional R.I. for 01 month.
Under Section 366 of the Indian Penal Code	Rigorous Imprisonment for 05 years & fine of Rs. 1000/- in default of payment of fine additional R.I. for 02 months.
Under Section 376 (3) of IPC	Rigorous Imprisonment for 20 years and fine of Rs. 10,000/- and in default of payment of fine additional R.I. for 6 months
Under Section 5 (N)/6 of the	Imprisonment for life its means Natural Life time imprisonment

POCSO Act , with fine of Rs. 20,000/- in 2012. default of payment of fine additional R.I. for 01 years.

All the sentences were directed to run concurrently

2. Brief facts of the case is that the victim (P.W./8), a 12-year-

old girl, was living in the house of the accused (in relation he is her maternal grandfather, as he is relative of her mother) and was a student at Kanya Middle School. On 08.02.2019, her brother (P.W./1) and father (P.W./9) were away for work under MANREGA. around 7:30 AM, B. Singh informed them that the accused committed wrong things with the victim. Thereafter, they rushed to the appellant's village and upon enquiry, the victim revealed that on the night of 07.02.2019 and 08.02.2019, the accused attempted to take her outside with an intent to rape her. On her cries, neighbors B.R.J. (P.W./11) and D.K. Anchala rescued her from the clutches of the accused. She also reported that the accused had raped her earlier on 30.01.2019 and again on 05.02.2019 in a jungle area. She feared she would have been raped again if not rescued. On 08.02.2019, her brother filed a written report (Ex. P/1) at Thana Manpur, based on which, FIR was registered under Sections 376(2)(F), 376(2)(N) of IPC and Sections 4, 5, and 6 of the POCSO Act . Medical examination was conducted (Ex. P/23), and other evidence such as the spot map (Ex. P/5), school records (Ex. P/6), and forensic reports were collected.

The appellant was arrested on 09.02.2019.

3. After the completion of the investigation, police has filed charge sheet before the learned Additional Sessions Judge, (F.T.C.) Rajnandgaon (C.G.) for the offence under Sections 363 (2), 366(2), 376(2)(n), 376(2)(f), 376(3) of the IPC and Sections 4(2), 5(L), 5(n) and 6(2) of POCSO Act , 2012. The same has been read over and explained to the appellant in which the appellant has denied the charge and pleaded innocence and claimed to be tried. The appellant has given statement under section 313 of Cr.P.C. and has not produced any witnesses for his defense.

4. In order to bring home the offence, the prosecution has examined 19 witnesses in its support. The trial Court after appreciating oral and documentary evidence available on record, by its judgment dated 13.06.2024 convicted and sentenced the appellant as mentioned in paragraph one of this judgment. Hence, this appeal.

5. Learned counsel for the appellant submits that appellant has falsely been implicated in this case. The prosecution has failed to prove its case against the appellant and complaint made by the Complainant is false and baseless. He would further submit that that the judgment of the trial court is erroneous both in fact and in law. The FIR

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