SOURABH 2025:CGHC:45817-DB BHILWAR Digitally signed by SOURABH BHILWAR NAFR Date: 2025.09.12 10:45:00 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2081 of 2024 Firoj Vaishnav S/o Late Lilak Das Vaishnav, Aged About 25 Years R/o Village-

Bori, Police Station-Mandir Hasod, District-Raipur (Chhattisgarh)

... Appellant(s)

versus State Of Chhattisgarh Through-Police Station-Abhanpur, District-Raipur (C.G.)

... Respondent(s)

(Cause-title taken from the Case Information System)

For Appellant(s) : Ms. Anjali Pradhan, Advocate For Respondent(s) : Mr. Sakib Ahmad, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru, J

09/09/2025

1. This criminal appeal preferred under Section 415(2) of the B.N.S.S. is against the impugned judgment of conviction and order of sentence dated 19.07.2024 passed in Special Trial No. 226/2021 by the learned Additional Sessions Judge Second (POCSO) Fast Track Special Court, Raipur, C.G., whereby the appellant has been convicted and sentenced as under:-

2. Case of the prosecution, in brief, is that on 21.07.2021, the mother of the victim lodged a report at the Abhanpur police station to the effect that on 20.07.2021, at around 09:00 am, she had gone to work at C.M. House Nava Raipur. At that time, her husband and two daughters were at home. On returning home at around 05:30 pm, her younger daughter told that Didi/victim had left the house at around 10:00 am saying that she was going to visit the neighbour's house, but she did not return. On searching for whereabouts of the victim among the nearby relatives, no trace of the victim was found. On the basis of this information, FIR under Section 363 IPC was registered at the Aabhanpur police station. During the investigation, on 23.09.2021, the victim was recovered and upon questioning, she told that the accused lured her and took her with him and forcibly had physical relations with her continuously.

3. During investigation, Spot Map (Ex.P/03) was prepared. With regard to date of birth of the Victim, Dakhil Kharij register (Ex.P/18) and Progress report of Class-8^th of the victim (Exhibited as Article A) were seized. Statement of the Victim and the Statements of witnesses were recorded. Subsequently after completing the investigation, a charge-sheet was submitted before the Court.

4. After framing the charges against the accused/appellant, the charges were read out and explained to the appellant, he denied committing the crime and demanded trial.

5. In order to bring home the offence, the prosecution has examined 10 witnesses in its support. Statement of the accused/appellant under Section 313 Cr.P.C was recorded, wherein he has pleaded his innocence and false implication in the matter.

6. The trial Court after appreciating oral and documentary evidence available on record, by its judgment dated 19.07.2024 convicted and sentenced the appellant as mentioned in paragraph one of this judgment.

Hence, this appeal.

7. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. He would submit that the conviction against the appellant is bad in law and it is not supported by the evidence of the prosecution beyond reasonable doubt. He would submit that while passing the impugned judgment, the trial Court failed to appreciate the fact that there are material contradictions and omissions in the statements of the prosecution witnesses. Learned counsel would submit that the prosecution has failed to prove the fact that the prosecut