2026:CGHC:5209-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 42 of 2022 Kamalnarayan Nirmalkar @ Kamal S/o Shri Ramji Nirmalkar, Aged About 24 Years Residence Of Village - Bharkapara, Teligundara, Police MANPREET KAUR Station Ranitarai, District – Durg, Chhattisgarh.

Digitally signed by MANPREET KAUR Date: 2026.01.31

17:35:08 +0530 ... Appellant(s)

versus State Of Chhattisgarh, Through, Police Station Ranitarai, District –

Durg, Chhattisgarh.

... Respondent(s)

For Appellant(s) : Mr. S.C. Verma, Sr. Adv along with Mr.

Manharan Lal Sahu and Ms. Katyayni Vishu Priya, Advocates For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon’ble Shri Justice Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, CJ

30.01.2026

1. This appeal arises out of the judgment of conviction and order of sentence dated 29.10.2021 passed by the leaned Upper Sessions Judge, First (4^th F.T.C.), Special Court Durg, District- Durg (C.G.).

in Special Sessions Case (POCSO) No. 57/2019, whereby the appellant has been convicted as under:

Conviction Sentence Under Section 376(A) Life imprisonment till natural death (B) of the IPC. and fine of Rs.5000/-, in default of payment of fine amount, additional S.I. for 2 months.

Under Section 506(ब) Rigorous imprisonment for one year and fine of Rs.500/-, in default of of the IPC.

payment of fine amount, additional S.I. for 01 months.

Both the sentences were directed to run concurrently

2. The prosecution case, in brief, is that the victim (PW-1) is a minor child, studying in Class I and residing with her parents at Village Teligundra. On 24.03.2019, while she was present at her house, her neighbour and friend Laxmi called her to play. Thereafter, both the children went to the house of Paras Patel, where Paras, his brother Kailash, and the accused Kamalnarayan were present. It is alleged that while the victim was playing outside the house with Laxmi and Kailash, the accused called her inside the house on the pretext of offering bread. When the victim went inside, the accused allegedly took her into a room, bolted the door from inside, gagged her mouth, removed her clothes, and committed sexual assault upon her. It is further alleged that the accused threatened the victim with dire consequences if she disclosed the incident to anyone. After the incident, the victim allegedly came out of the room crying, informed her friend Laxmi, and returned to her house. Due to fear, she did not immediately disclose the incident and narrated the same to her mother (PW-2) on 27.03.2019. On 28.03.2019 at about 10:30a.m., the mother of the victim lodged a written report at Police Station Ranitarai, which was registered as First Information Report (Ex.P-04) by Inspector L.P. Jaiswal. During the course of investigation, the spot map (Ex.P-05) was prepared, statements of witnesses were recorded, and the undergarments of the victim were seized as per seizure memo. The victim was sent for medical examination to the Community Health Centre, Patan. The accused was arrested vide arrest memo (Ex.P-17) and was also medically examined at the Community Health Centre, Ranitarai. His undergarments were seized vide seizure memo (Ex.P-15), and sealed medical exhibits were seized vide Ex.P-18.

3. For the purpose of determination of age of the victim, a requisition was sent to the Headmaster of Government Primary School, Teligundra, and the relevant school record was seized vide Ex.P- 12. The Aadhaar card and birth certificate of the victim were also seized vide Ex.P-07. After completion of investigation, charge- sheet was filed before the Court of Fifth Additional Sessions Judge (FTC), Durg, and the case was thereafter transferred to the designated POCSO Court on 05.03.2020 for trial.

4. In order to establish the charge against the appellant, the prosecution examined as many as 13 witnesses and exhibited the documents (Exs.P-1 to P-19). The statement of the appellant under Section 313 of CrPC was