2025:CGHC:46693-DB MANPREET KAUR NAFR Digitally signed by MANPREET KAUR Date: 2025.09.12 19:10:18 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 27 of 2024 Parmeshwar Patel S/o Dwarika Patel Aged About 27 Years R/o Saristal, P.S. Lormi, District Mungeli Chhattisgarh.

... Appellant(s)

versus State Of Chhattisgarh Through Station House Officer, Police Station Lormi, District Mungeli Chhattisgarh.

... Respondent(s)

For Appellant(s) : Mr. Raj Kumar Gupta, Advocate For : Mr. Nitansh Jaiswal, Panel Lawyer Respondent(s)

Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Ravindra Kumar Agrawal, Judge.

Judgment on Board Per Ramesh Sinha, CJ

12.09.2025

1. Today, the matter is listed for hearing on I.A. No. 04/2025 i.e. application for suspension of sentence and grant of bail to the appellant. However, considering the fact that the appellant is in jail since 10.05.2022 and this is the second application for grant of bail to the appellant as the first application for grant of bail was dismissed on 02.04.2024 and application for grant of temporary bail was dismissed on 24.09.2024, with the consent of learned counsel for the parties, I.A. No. 04/2025 stands disposed of and the appeal is heard finally.

2. This appeal arises out of the judgment of conviction and order of sentence dated 07.12.2023 passed by the learned Special Judge (POCSO Act), Mungeli, District- Mungeli (C.G.) in Special Criminal Case No. 34/2022, whereby the appellant has been convicted for offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as ‘POSCO’) and sentenced to undergo rigorous imprisonment for life and fine of Rs.1,500/-, in default of payment of fine to further undergo Rigorous Imprisonment for two months.

3. The prosecution story, in brief, is that on 10.01.2022, the victim submitted a written complaint before the Superintendent of Police, Mungeli. In her complaint, she stated that the accused used to frequently visit her house, molest her, and assure her that he would marry her and keep her like a queen. When she resisted and threatened to inform her parents, the accused allegedly told her that he would end his life by consuming poison. On one occasion, when she was alone at home, the accused entered her house and forcibly established physical relations with her. She was threatened with dire consequences if she disclosed the matter to anyone, and therefore she remained silent. It is further alleged that the accused thereafter continued to have physical relations with her on several occasions, particularly when she used to go for agricultural work. At times, he also called her to his tubewell, where similar acts were committed. The accused also remained in contact with her over mobile phone. As a result of such repeated acts, she became pregnant. On informing the accused about her condition, he allegedly took away her mobile phone and reassured her that he would marry her.

4. Thereafter, when her pregnancy became visible, the victim informed her parents. Under pressure from her father, a community meeting was called, where the accused, in front of the villagers, accepted her as his wife and took her to his home. She stayed there for about a week, but thereafter the accused went away for work. In the meantime, his parents and other family members allegedly abused her and turned her out of the house, demanding a motorcycle and Rs.50,000/-. Later, on the occasion of Diwali, the victim gave birth to a daughter. Despite intimation being sent to the family of the accused, they refused to keep her and the child in their house.

5. Thereafter, the victim along with her father approached the Lormi Police Station to lodge a report. However, she was allegedly asked to return the next day. Even on the following day, her complaint was not recorded. Subsequently, she submitted a written complaint before the Superintendent of Police, Mungeli. On his directions, the matter was referred to the In-charge of the Women’s Cell, Mun