V PADMAVATHI Date: 2026.02.10

2026:CGHC:6493-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 404 of 2024 Ankit Minj S/o Tetush Minj Aged About 21 Years Residence Of Village - Barpani, Police Chouki - Aara, Thana And District - Jashpur, Chhattisgarh. ... Appellant(s)

versus State Of Chhattisgarh Through Arakshikendre - Jashpur, District - Jashpur, Chhattisgarh. ...Respondent(s)

(Cause-title taken from Case Information System)

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For Appellant : Shri Sanjay Kumar Yadav For Respondent/State : Shri Shailendra Sharma, PL ---------------------------------------------------------------------------------------------------------

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

Order on Board

Per Ravindra Kumar Agrawal, J.

05.02.2026 Heard Shri Sanjay Kumar Yadav, learned counsel for the appellant.

Also heard Shri SS Baghel, learned Government Advocate appearing for the respondent/State.

1. Present appeal under section 374 (2) of the CRPC 1973 has been filed by the appellant against the impugned judgement of conviction and order of sentence dated 18.01.2024 passed by the learned Additional Session Judge / Additional charge of FTC, district-Jashpur in special POCSO Case-6 of 2022, whereby the appellant has been convicted and sentenced in the following manner with default stipulation:

Conviction Sentence Under Section 363 IPC Imprisonment for 05 years and fine of Rs.1,000/-

Under Section 366 IPC Imprisonment for 05 years and fine of Rs.1,000/-

(Both the sentences to run concurrently)

Under Section 366-A IPC Imprisonment for 05 years and fine of Rs.1,000/-

Under Section 376(2)(n) Imprisonment for 20 years and fine and Section 06 of the of Rs.2,000/-

POCSO Act

2. Brief facts of the case are that the victim-PW1 who went missing from 27.01.2022 and a missing report was lodged by her father-PW2 to the Police Station-Jashpur. Based on the missing report-Ex.P5, FIR Ex.P6 was registered against suspected accused Ankit Minz, present appellant for the offence under section 363 IPC. During the investigation, the victim recovered from the possession of the appellant on 24.02.22 and recovery panchnama Ex.P1 was prepared in presence of the witnesses. Victim was sent for her medical examination to the district hospital Jashpur, where she was medically examined by Dr.Madhulika Shrivastava-PW11, who gave her report Ex.P22. While medically examining the victim, doctor has not noticed any external injury on her body and the victim was advised for Obstretric Test (OBS) and Gynaecologist opinion, Ultrasonography (USG) Abdomen for fetal wellbeing and dental opinion for age determination with respect to her date of birth and age. School register has also been seized by the police and after retaining its attested true copy Ex.P12C, the original register was returned. According to the school register, her date of birth is 13.08.2005. Progress report card of the victim of class-V has also been seized by the police vide seizure memo Ex.P9. Spot map Ex.P3 was prepared by the Patwari and Ex.P7 was prepared by the police. Appellant was arrested on 24.2.2022 and he too was sent for his medical examination to the District Hospital, Jashpur, who gave medical report Ex.P21. As per medical report of the appellant, no injuries have been found on his body and he was found to be capable to perform sexual intercourse.

3. Statement of the victim under Section 161 CRPC has been recorded and after completion of usual investigation, charge-sheet was filed against the appellant for offence under Sections 363, 366, 376, 376 (2) of the IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) before the learned trial court.

4. The learned trial court has framed charge against the appellant for the offence under Sections 363, 366, 366(A) and 376(2)(n) of the IPC, and Section 6 of the POCSO Act. The appellant deni