2025:CGHC:47731-DB MANPREET KAUR NAFR Digitally signed by MANPREET KAUR Date: 2025.09.19

10:39:23 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 34 of 2024 Shekhar Ratre S/o Late Bhulau Ram Ratre, Aged About 26 Years R/o Bansin, P.S. Fingeshwar, District Gariyaband Chhattisgarh.

... Appellant(s)

versus State Of Chhattisgarh Through Police Station Rakhi, District Raipur Chhattisgarh.

... Respondent(s)

For Appellant(s) : Mr. Mirza Kaisher Beg, Advocate For Respondent(s) : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

17.09.2025

1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 31.08.2023 passed by the learned Additional Sessions Judge, Second (POCSO) Fast Track Special Court, Raipur, District- Raipur (C.G.) in Special Case No. 75/2019, by which the appellant herein has been convicted for offence under Section 376(3) of the IPC and sentenced to undergo Rigorous Imprisonment for life (Rest of Life), and fine of Rs.2,000/-, in default of payment of fine, to further undergo R.I. for 01 month.

2. The prosecution story, in brief, is that on 14.04.2019, the victim lodged a written complaint at the Women’s Police Station stating that, on the same day at about 6:00 p.m., while she had gone to the fields to attend nature’s call, the accused approached her and, expressing his intention by saying “I love you and I will marry you,” forcibly committed sexual intercourse with her against her will and thereafter fled from the spot. On returning home, the victim narrated the incident to her mother, sister-in-law, aunt, uncle, and father. Based on her written complaint (Ex.P-04), an unnumbered report (Ex.P-05) was recorded at the Women’s Police Station, and thereafter a formal FIR (Ex.P-33) was registered at Police Station Rakhi under Crime No. 116/2019 for the offence under Section 376 IPC and Sections 4 and 6 of the POCSO Act, and investigation commenced.

3. During investigation, a site plan (Ex.P-06) was prepared. To verify the age of the victim, the mutation register (Ex.P-01 “C”) was seized vide seizure memo (Ex.P-03). For medical examination, consent of the victim and her mother was obtained (Ex.P-07 & Ex.P-13). The victim was medically examined, and her clothes were seized (Ex.P-14 & Ex.P-15). A light orange coloured underwear of the victim was also seized (Ex.P-08). The accused was also medically examined, and his clothes were seized (Ex.P- 16 & Ex.P-17). The statement of the victim under Section 164 CrPC was recorded (Ex.P-10). The accused was arrested vide arrest memo (Ex.P-28). Vaginal slides and other sealed samples were seized (Ex.P-32) and were later sent for forensic examination vide Ex.P-25, the receipt thereof being Ex.P-26. The FSL report is Ex.P-27.

4. During the course of investigation, the statements of witnesses were recorded under Section 161 CrPC, and after completing necessary proceedings, a charge-sheet was filed against the accused under Section 376(3) IPC and Sections 4 and 6 of the POCSO Act. Charges were framed accordingly, to which the accused pleaded not guilty and claimed to be tried.

5. The prosecution, in support of its case, examined as many as 11 witnesses, including the Headmaster of the prosecutrix’s school (PW-01), the prosecutrix herself (PW-02), her father (PW-03), her aunt (PW-04), her mother (PW-05), Dr. Sudha Samuel (PW-06), Dr. Ganesh Ram Agarwal (PW-07), her sister-in-law (PW-08), Om Prakash Yadav, ASI (PW-09), Asha Vaishnav, SI (PW-10), and R.P. Gautam, SI (PW-11) and relied upon 33 documents (Ex.P-1 to Ex.P-33)

6. The accused was examined under Section 313 CrPC, wherein he denied the allegations and pleaded innocence. However, no witness was examined in his defence.

7. After appreciation of evidence available on record, the learned trial Court has convicted the accused/appellant and sentenced him as men