The conviction under IPC sections 363, 366, and 376(AB) was upheld, emphasizing victim's age determination and the reliability of her testimony for conviction.

Hon'ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

06.08 .2025

1 This matter is listed for hearing on I.A. No.02, which is an application seeking appropriate orders for the release of the appellant on a personal bond, along with the PUD received from the Principal District and Sessions Judge, Raipur, District Raipur (C.G.).

2 The appellant could not be released on bail in pursuance of this Court’s order dated 23.01.2025 from the concerned jail as he was unable to arrange sureties. Hence, a prayer has been made for his release on a personal bond.

3 This Court, in CRA No.217/2022, on 29.01.2025, had passed the following order:

“On 29.08.2024 when it transpires from the impugned judgment dated 12.11.2021 passed by learned trial Court that the co- accused Ajay Singh Baghel did not surrender and absconding, a permanent warrant of arrest was issued by the learned trial Court on 04.12.2020 and trial of the co-accused was separated then the Director General of Police was directed to show cause as to why the permanent warrant issued by the Court on 04.01.2020 against the co-accused Ajay Singh Baghel has not been complied with and to file his personal affidavit apprising this Court what steps have been taken by him for arresting of the said co-accused.

On 09.09.2024 the Director General of Police has filed his affidavit in the case and it further transpires that some of the accused persons after being released on short-term bail/parole has not yet surrendered after expiry of his parole, the Director General of Police was further directed to provide a list of such accused person in the State of Chhattisgarh who have been released on short-term bail/parole etc. and have not yet surrendered before the trial Court after their release, if any.

On 30.09.2024 the Director General of Police, Chhattisgarh has filed his affidavit and submitted the list of the accused persons who have been not surrendered before the concerned trial Court after expiry of the period of their short-term bail/parole and the details of the action/efforts made by police for arresting them and intimated that total 37 accused persons have been released, out of them 8 accused persons have been arrested, 1 accused has died and the Police officials are making their efforts for arresting the remaining 28 accused persons. It is also there in his affidavit that in all has under trial and after the conviction, total 83 accused persons who were released on short-term bail/parole and have not surrendered or absconded till date and then the Director General of Police, Chhattisgarh has further directed to monitor the situation and to made efforts for their arrest and to file afresh affidavit.

Again on 18.11.2024, the Director General of Police, Chhattisgarh has filed his affidavit and submitted that out of 83 accused persons 10 have been arrested, 3 accused persons have been died and 70 accused persons are still absconding and they are making their sincere efforts to get them arrested. The Director General of Police, Chhattisgarh was further directed to file afresh report regarding their efforts made for arresting the absconding accused persons.

On 12.12.2024, an affidavit filed by the Director General of Police, Chhattisgarh it has been informed that the total 63 accused persons are still absconding after releasing them on short-term bail/parole. When the Director General of Police, Chhattisgarh again filed his another affidavit on 27.01.2025 with the following contents:

1. That, the present affidavit is being filed in compliance of the order dated 12/12/2024 passed by the Hon'ble Court.

2 That, in the matter, in compliance of the order dated 18/11/2024, an affidavit has been filed by the deponent.

3 That, subsequent to filing of the aforesaid affidavit, the present case was again listed before the Hon'ble Court for further hearing on 12/12/2024 and after going through the affidavit filed by the deponent in com