2025:CGHC:40044-DB NAFR ROHIT KUMAR CHANDRA HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by ROHIT KUMAR CHANDRA CRA No. 1585 of 2021 Krishna Tirki @ Durga Tirki S/o Ramesh Tirki Aged About 25 Years R/o Village Kasra Nagdoli, P.S. Patna, District Korea Chhattisgarh.

... Appellant versus State of Chhattisgarh Through Police Station Patna, District Korea Chhattisgarh.

... Respondent ________________________________________________________

For Appellant : Mr. R.S. Patel, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer ________________________________________________________

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

11.08.2025

1. This Criminal Appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘the CrPC’) against the impugned judgment of conviction and order of sentence dated 15.11.2021 passed by the Additional Sessions Judge (FTC) – Cum – Special Undge (under POCSO Act, 2012), Korea, District – Baikunthpur (C.G.) in Special Criminal Case (under POCSO Act) No. 19/2018, whereby the appellant has been convicted and sentenced in the following manner with a direction to run all the sentences concurrently:-

2. Prosecution story in brief as per Morgue Intimation (Ex.P/28) lodged by informant Banwari Lal Rajwade is, that on 25.04.2018 he informed jurisdictional police about hanging of deceased on a tree at village: Kudeli, Kudakhupara. Based on such intimation, morgue intimation No. 28/2018 was recorded by Dineshwar Prasad Ravi (PW-20) and upon informing the matter to concerned SDM, Panchnama proceedings were carried out. Thereafter, ASI, Shiv Kumar Yadav (PW-22) carried out morgue inquiry when body panchnama (Ex.P/3) was got prepared in presence of witnesses. During such inquiry, PW-22 noticed that body of the deceased was hanging on the tree. He brought down the same. Upon examination by lady constable, bite marks were reported to be found present on breast of the deceased. A mobile phone was got recovered from the deceased, inspection whereof disclosed last conversation with the appellant. Smelling foul, in consensus with panchayatnama witnesses present there, post-mortem was proposed. In short post- mortem report, rape and homicidal death having been indicated, FIR No. 89/2018 (Ex.P/77) under section 363, 366, 376-A, 376(2) (d), 302, 201 IPC r/w section 6 of the POCSO Act was got registered against unknown persons. Intimation thereof was sent to trial Court vide Ex.P/78.

3. Thereafter, further investigation was carried out by the then SHO P.S. Patna, SI, Anand Soni (PW-18). During investigation he seized marks sheet of the deceased from her father XXX (PW-2) vide seizure memo Ex.P/8 in presence of witnesses, according to which her date of birth was found to be 11.08.2000. He prepared Spot Map Ex.P/4 at the instance of PW-2. During further investigation statement of witnesses were recorded, whereby getting clues indicating towards involvement of accused persons, which got corroborated from the mobile records of deceased that she had conversed with the appellant during last hours, they were taken into custody. Appellant made Memorandum statement (Ex.P/21) inculpating him