2026:CGHC:6135-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 422 of 2022 Sanjay Nikunj S/o Shambhu Lal Nikunj Aged About 38 Years R/o Nawapara Labji, Police Chowki Manipur, P.S. Ambikapur, District- Surguja, Chhattisgarh, At Present R/o Bouripara, Ambikapur, P.S.-

Ambikapur, District- Surguja, Chhattisgarh ... Appellant(s)

versus State Of Chhattisgarh Through-The Station House Officer, Police Of Police Station-Gandhinagar (Ambikapur), District- Surguja, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Rajkamal Singh and Mr. Suryapratap Yaddhveer Singh, Advocates For Respondent(s) : Mr. S.S. Baghel, G.A.

Digitally signed by MANPREET MANPREET KAUR KAUR Date:

2026.02.05

11:03:12 Hon'ble Shri Justice Ramesh Sinha, Chief Justice +0530 Hon’ble Shri Justice Naresh Kumar Chandravanshi , Judge Judgment on Board Per Ramesh Sinha, CJ

04.02.2026

1. This appeal arises out of the judgment of conviction and order of sentence dated 14.02.2022 passed by the leaned Additional Sessions Judge, Fast Track Special Court (POCSO) Ambikapur, District- Surguja (C.G.) in Special Sessions Case (POCSO) No.

05/2020, whereby the appellant has been convicted as under:

Conviction Sentence Under Section 376(3) R.I. for 20 years and fine of of the IPC. Rs.10,000/-, in default of payment of fine amount, additional R.I. for one year.

Under Section 450 of Rigorous imprisonment for 5 years the IPC. and fine of Rs.2,000/-, in default of payment of fine amount, additional R.I. for 03 months.

Both the sentences were directed to run concurrently

2. The prosecution case, in brief, is that on 05.02.2020, the mother of the victim submitted a written report at Police Station Gandhinagar, stating that on 31.01.2020, when the victim was alone at home, the informant had gone out to leave her younger daughter with her son at a nearby place. Before leaving, she locked the house from outside. Upon her return, the informant noticed that the outer latch of the door was open and the door was bolted from inside. When she called out, hearing the victim crying from inside, the informant entered the premises and noticed the present accused, a resident of the locality, exiting the house. It was alleged that the accused threatened the informant and fled from the spot. It is further alleged that the victim was found in a distressed condition and her clothes were torn. Upon enquiry, the victim allegedly disclosed that the accused had committed an unlawful act against her. Thereafter, on 05.02.2020, when the husband of the informant returned home and was apprised of the incident, the informant, along with her husband and the victim, approached the police station. On the basis of the said written complaint (Ex.P-01), an FIR (Ex.P-02) was registered in Crime No. 56/2020 under Sections 376, 450 and 506 of the Indian Penal Code and Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012, and the matter was taken up for investigation.

3. During the course of investigation, the Investigating Officer prepared the spot map (Ex.P-04) on 05.02.2020. Certain articles were seized as per seizure memos Ex.P-16 and Ex.P-17. The accused was arrested vide arrest memo Ex.P-10, and information of arrest was duly given to his family member as per procedure. Medical examination of the accused was conducted at the District Hospital, Ambikapur. A requisition was sent to the Tehsildar for preparation of the site map, pursuant to which a map (Ex.P-05) was prepared. The statement of the victim under Section 164 of the Code of Criminal Procedure was recorded by the learned Magistrate. Information was also sent to the Child Welfare Committee as per law.

4. For determination of age, a requisition was sent to the concerned school authority, and the relevant school records were seized vide Ex.P-08. The seized articles were sent for forensic examination through the Superintendent of Police, and the Forensic Science Laboratory report (Ex.P-12) was received. Statements of witnesses were recorded duri