Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
REKHRAM THAKUR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
CRA/939/2024
2025:CGHC:47224-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 939 of 2024 Rekhram Thakur S/o Keshram Thakur Aged About 28 Years R/o Tongopanikala, Bastipara, P.S. Baghbahara, District Mahasmaund, Chhattisgarh, Presently R/o Dondekala Aarti Builders Khadaan, P.S.
Vidhansabha, District : Raipur, Chhattisgarh ... Appellant(s)
versus State of Chhattisgarh Through S.H.O. Police Station Mandir Hasod, District : Raipur, Chhattisgarh.
...Respondent(s)
For Appellant : Mr. Sudhanshu Kumar Singh, Advocate.
For Respondent/State : 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 .
15.09.2025
1. Heard Mr. Sudhanshu Kumar Singh, learned counsel for the appellant. Also heard Mr. Malay Jain, learned Panel Lawyer, appearing for the respondent/State.
Digitally 2. This criminal appeal filed by the appellant/accused under Section signed by BRIJMOHAN BRIJMOHAN MORLE MORLE Date:
2025.09.19 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is +0530 directed against the impugned judgment of conviction and order of sentence dated 15.02.2024, passed by the learned Additional Session Judge, First Fast Track Special Court POCSO, Raipur, District Raipur (C.G.) in Special Criminal Case “POCSO” No. 16 of 2022, whereby the appellant has been convicted and sentenced as under:
Conviction
Sentence
Section 363 of the the Indian Penal Code (for short, ‘IPC’)
Rigorous imprisonment (for short, ‘R.I.’) for 07 years and fine of Rs.500/-, in default of payment of fine, 02 months R.I. more.
Section 366 of the IPC
R.I. for 07 years and fine of Rs. 500/-, in default of payment of fine, 02 months R.I. more.
Section 376(3) of the IPC & Section 4(2) of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’)
R.I. for 20 years and fine of Rs.2000/-, in default of payment of fine, 06 months R.I. more.
Section 5(B)/6 of the POCSO Act
R.I. for 20 years and fine of Rs.2000/-, in default of payment of fine, 06 months R.I. more.
All the sentences shall run concurrently.
3. The prosecution’s case, in brief, is that on 30.11.2021 at Police Station–Mandir Hasaud, District Raipur, the victim’s father (PW-2)
lodged a report stating that on 30.11.2021 at about 03:00 p.m., his daughter had gone to drop her younger sister for tuition in the village, but did not return. Despite searching for her in the nearby village and among relatives, her whereabouts could not be found. Thereafter, based on the report of the victim’s father, a First Information Report (FIR) (Ex.P/16) was registered against an unknown person at Police Station–Mandir Hasaud, District Raipur under Section 363 of the IPC, as Crime No. 506/2021, and investigation commenced.
4. During investigation, a site map of the place of incident was prepared. A requisition was sent to the Tehsildar, Police Station–Mandir Hasaud, District Raipur, for preparation of a spot inspection map. The transfer certificate of the victim was seized from her father in the presence of witnesses. Upon sending a requisition to the Headmaster of the victim’s school, the Headmaster produced the Admission-Discharge Register (Ex.P/12), which was seized in the presence of witnesses. The Headmaster also provided the Admission-Discharge Certificate (Ex.P/12) relating to the date of birth of the victim.
5. The victim (PW-1) was recovered, and a recovery panchnama (Ex.P/1) was prepared. Her statement was recorded before the Child Welfare Committee, Raipur. The victim was handed over to her father. Her statement was also recorded under Section 161 of the Cr.P.C. and under Section 164 of the Cr.P.C. before the Magistrate. Seizure proceedings were carried out, and upon it being found during investigation that the appellant/accused had lured the victim with the promise of marriage and had
