2026:CGHC:6994-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No.1532 of 2023 Bhola Yadav S/o Shatruhan Yadav @ Dhusu Yadav, Aged About 25 Years, R/o Bhata Para Ruabandha Bhilai Nagar, District Durg (Chhattisgarh) ... Appellant versus State Of Chhattisgarh Through Police Station Bhilai Nagar, District Durg Chhattisgarh. ... Respondent (Cause-title taken from Case Information System)

----------------------------------------------------------------------------------------- For Appellants : Mr. Rahil Arun Kochar along with Leekesh Kumar, Advocates.

For Respondent : Mr. Sourabh Sahu, PL.

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Hon'ble Shri Ramesh Sinha, Chief Justice SISTLA NEELIMA Hon'ble Shri Ravindra Kumar Agrawal, Judge VISHNU PRIYA Judgment on Board Digitally signed by SISTLA NEELIMA VISHNU PRIYA

Date: 2026.02.11 Per Ramesh Sinha , Chief Justice

09.02.2026

1. The present Criminal Appeal has been preferred by the

Appellant assailing the judgment of conviction and order of

sentence dated 30.05.2023 passed by the learned Additional Sessions Judge, First Fast Track Court, Special Judge (POCSO Act), Durg in Special Criminal Case No.122/2021, whereby the Appellant has been convicted and sentenced as under:

Conviction Sentence R.I. for 1 year and fine of Section 363 IPC Rs.500/-, in default S.I. for 15 days R.I. for 3 years and fine of Section 366 IPC Rs.1,000/-, in default S.I. for 15 days R.I. for 20 years and fine of Section 3 punishable under Rs.2,000/-, in default S.I. for 2 Section 4(2) of the POCSO Act, months.

2012 All the sentences were directed to run concurrently.

2. The prosecution's case in brief is that the prosecutrix’s father filed a report stating that on 01-08-2021, at approximately 8:00 p.m., his younger daughter/prosecutrix, aged 14 years and 03 months, left the house without informing anyone and did not return. He searched for her in the neighborhood and at relatives' homes, but could not find her. He suspects that an unknown person has lured her away and is holding her in his custody. Based on the said report, Crime No.341/2021 was registered by the Bhilai Nagar Police Station under Section 363 of the Indian Penal Code. During the investigation, the prosecutrix was recovered from the custody of accused Bhola Yadav in the forest of village Bachedi, Sahaspur Lohara police station. Upon questioning, the prosecutrix revealed that the accused took her on his vehicle to his maternal uncle's house in Gandai, forcibly had sexual intercourse with her and then taken her to the Radha Krishna temple in Bachedi, filled her hairline with vermilion and then taken her to the forest in Daihan. Based on aforesaid allegations, Sections 366, 376 of the Indian Penal Code (IPC) and sections 3 and 4 of the POCSO Act were added. The prosecutrix’s birth documents were seized. A site map of the crime scene was prepared. The prosecutrix and the Appellant’s underwear were seized and they were medically examined. Upon finding evidence of incrimination against the accused, Bhola Yadav was arrested and the prosecutrix’s statement was recorded in court under section 164 of the Criminal Procedure Code. After a thorough investigation, a case was filed against accused Bhola Yadav under sections 363, 366, and 376 of the IPC. And charge sheet number 263/2021 under sections 3, 4 of the POCSO Act was presented in the court on 04-10-2021. On perusal of the presented charge sheet and the attached documents, it appears prima facie that the accused Bhola Yadav has committed the offence punishable under sections 363, 366, 376(3) of the Indian Penal Code and section 3 of the Protection of Children from Sexual Offences Act, 2012, as well as section 4(2) of the said Act. Charges were framed under the said Sections and the charges were read out and explained to the accused. The accused denied the crime and claimed innocence and demanded a trial.

3. On the basis of statement of the prosecutrix, offence under Sections