2026:CGHC:255-DB AFR ROHIT KUMAR HIGH COURT OF CHHATTISGARH AT BILASPUR CHANDRA Digitally signed by ROHIT CRA No. 1540 of 2022 KUMAR CHANDRA Pritam Gir @ Ghislu S/o Santa Gir Goswami, Aged About 20 Years R/o Village Matiyari, Police Station Seepat, District : Bilaspur, Chhattisgarh ... Appellant versus State of Chhattisgarh Through Station House Officer, Police of Police Station - Seepat, District : Bilaspur, Chhattisgarh ... Respondent (Cause Title taken from Case Information System)

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For Appellant : Mr. Qamrul Aziz, Advocate For Respondent/State : Mr. Priyank Rathi, Govt. Advocate ________________________________________________________

Hon'ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Arvind Kumar Verma , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

05.01.2026

1. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 12.08.2022 passed by the Additional Sessions Judge, Second Fast Track Special Court, Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 390/2018, whereby the learned trial Court has convicted and sentenced the appellant with a direction to run all the sentences concurrently in the following manner :

CONVICTION SENTENCE U/s 363 of IPC RI for 7 years and fine amount of Rs.1000/- and in default of payment of fine, further imprisonment of 4 months U/s 363 of IPC RI for 7 years and fine amount of Rs.1000/- and in default of payment of fine, further imprisonment of 4 months U/s 366 of IPC RI for 10 years and fine amount of Rs.1000/- and in default of payment of fine, further imprisonment of 6 months U/s 366 of IPC RI for 10 years and fine amount of Rs.1000/- and in default of payment of fine, further imprisonment of 6 months M U/s 5( )/6 of IPC Life imprisonment for life time till death and fine amount of Rs.2,000/- and in default of payment of fine, further imprisonment of 1 year

2. The prosecution case in brief is that the complainant/informant, the father of the victim No.1 (PW-2), appeared at the Kotwali police station on 30/12/2018 and submitted a written complaint application to the effect that on 30/12/2018 at 6:00 pm in village Matiyari, Police Station-Sipat, his daughter, victim No.1, aged 09 years, along with her cousin sister, victim No.2 (PW-15), aged 07 years, had gone out to look for a cow in the village. An unknown person of about 20-22 years of age sent them to bring gutkha and eat khaai worth Rs. 5 and took them to his pond and raped them. She is unable to speak due to pain and blood is flowing from her private parts. When he asked, his daughter, victim No.1, then she told while crying that an unknown person had raped her and her niece, victim No.2, also informed him about the incident. On the written report of the complainant, Inspector Anju Chelak registered a First Information Report against unknown persons under Crime No. 0/2018 under Section 376 of the IPC and Section 4, 8 of the POCSO Act and filed a First Information Report. In Police Station Sipat, Sub-Inspector C.S. Netam registered a crime under Crime No. 390/2019 and filed a numbered First Information Report. Statements of witnesses were recorded in the case. The accused was arrested after taking action of seizure etc. Thereafter, after complete investigation, a case was registered against accused Pritam Gir alias Ghislu under Section 376AB of the IPC and Section 4, 8 of the POCSO Act and on finding evidence of the offence, the charge sheet was presented in the Court of Additional Sessions Judge, Second Fast Track Special Court, Bilaspur (C.G.) for trial on 14/03/2019.

3. Charges were framed against the accused under sections 363, 363, M

366, 366, 376 of the IPC and sections 5( )/6 of the POCSO Act and were read out to the accused, who denied the charges and sought trial.

4. So as to prove the complicity of the accused/appellant in the crime in question, prosecution has exam