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2026:CGHC:5470

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRA No. 527 of 2013

1 - Suresh Shori, S/o Jaisingh Shori, Aged About 22 Years, Vanrakshak,

Van Mandal, Utpadan, Madhya Bastar, R/o Vill. Kungarpal, Post & P.S.

Bhanpuri, Civil & Revenue Distt. Bastar C.G.

... Appellant

versus

1 - State of Chhattisgarh Through - District Magistrate, Jagdalpur, Distt.

Bastar C.G.

... Respondent(s)

For Appellant : Mr. Kesahv Dewangan, Advocate

For Respondent(s) /State : Ms. N.K. Kashyap, P.L.

Hon'ble Smt Justice Rajani Dubey

Judgment on Board

31/01/2026

1. The present appeal under Section 374(2) of the Code of Criminal

Procedure has been preferred against the judgment of conviction

and order of sentence dated 13.05.2013 passed by the learned II

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Additional Sessions Judge (Earmark Court), Bastar at Jagdalpur

in Sessions Trial No. 1/2013, whereby, the learned trial Court has

convicted the appellant and sentenced him as under:-

Conviction Sentence

U/s 376 of IPC R.I. for 7 years with fine of

Rs.5,000/- and in default of

payment of fine, additional

S.I. for 5 years

2. The prosecution case, in brief, is that the prosecutrix (P.W.-3) and

the accused belong to the same community. The prosecutrix is a

resident of village Mudagaon, had studied up to Class XII, and

was engaged in tutoring children at village Sargipal. The accused

was posted as a Forest Guard at village Kugarpal. During the

course of time, the prosecutrix came into contact with the

accused, and acquaintance between them developed into a love

relationship. The accused used to take the prosecutrix on his

motorcycle on several occasions. On 05.05.2012, the accused

took the prosecutrix to village Kugarpal, where he established

physical relations with her by representing that he had accepted

her as his wife. Believing the assurance of marriage given by the

accused, the prosecutrix consented to sexual intercourse.

Thereafter, the physical relationship between them continued for

some time.

When the prosecutrix insisted upon marriage, the accused

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kept postponing the same, leading to disputes between them.

Subsequently, an application was submitted before the Women’s

Cell, pursuant to which both parties were summoned. In the said

proceedings, the accused gave a written assurance that he would

marry the prosecutrix in accordance with social customs. Despite

such assurance, the accused kept the prosecutrix with him at

village Kugarpal for about five months but failed to solemnize the

marriage. Thereafter, on 29.10.2012, the prosecutrix lodged a

report at Police Station Bhanpuri, on the basis of which a First

Information Report (Ex. P-4) was registered against the accused.

During the course of investigation, consent letters for medical

examination of the prosecutrix were obtained, and a consent

panchnama (Ex. P-9) was prepared. The prosecutrix was sent for

medical examination, where she was examined by Dr. Sarita

Mahobia (P.W.-9), who conducted a gynecological examination

and issued a medical report (Ex. P-15). As per the report, no

recent signs of sexual intercourse were found and the prosecutrix

was stated to be habituated to sexual intercourse.

During investigation, a spot map was prepared. The

motorcycle bearing registration No. CG-17/KB-8154, along with its

relevant documents, was seized from the possession of the

accused in the presence of witnesses. A sealed slide was

collected from the hospital by Woman Head Constable Satyavati,

and a seizure memo was prepared. The accused was arrested

and an arrest panchnama (Ex. P-11) was drawn. Intimation of

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arrest was duly sent to the family members of the accused vide

Ex. P-13 and to his department vide Ex. P-12. Statements of the

prosecutrix (P.W.-3) and other witnesses, namely Lekheshwar

Baghel (P.W.-1), Ghanshyam Kashyap (P.W.-5), Soni Kashyap

(P.W.-4), Anil Baghel (P.W.-6), Muralidhar Kashyap (P.W.-7), and

others were recorded under Section 161 of the Code of Criminal

Procedure. Upon completion of investigation, a charge-sheet was

filed before the Court of Judicial Magistra