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2026:CGHC:5240-DB

D byig Ait La Olly K signed NAFR

ALOK SHARMA

SHARMA D 20a 2te 6: .02.03

10:59:09

+0530 HIGH COURT OF CHHATTISGARH AT BILASPUR

CRA No. 1687 of 2023

1 - Ashish Bhujade S/o Deendayal Bhujade Aged About 27 Years At -

Gondiya, Maharashtra, Present Address - Opposite Street Of

Budhatalab, P.S. Kotwali, District - Raipur (C.G.)

... Appellant(s)

versus

1 - State Of Chhattisgarh Through Sho P.S. Kotwali, Raipur (C.G.)

... Respondent(s)

For Appellant(s) :

Mr. Virendra Kashyap, Advocate.

For Respondent/State :

Mr. Shailendra Sharma, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon'ble Shri Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice.

30/01/2026

1. The challenge in this appeal is the judgment of conviction and

sentence dated 21.07.2023 passed by the learned Additional

Sessions Judge, First Fast Track Special Court (POCSO) Raipur,

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in Special Criminal Case (POCSO) No. 52/2021, whereby the

appellant has been convicted and sentenced as below:-

Conviction Sentence

Section 377 and 376AB of No Separate sentence has been

IPC awarded.

Section 6 of Protection of Life Imprisonment till the reminder

Children from Sexual of the accused natural life with a

Offences Act, 2012. fine of Rs. 2000/-, in default of

payment of fine 04 month

additional RI

2. The brief facts of the case are that on 14.02.2021 the father of the

victim lodged a written report Ex.P/4 against the accused with the

allegation that at about 09:40 pm, his daughter was playing in

Budha Garden and he was outside of the garden at the same time

his wife called him through mobile phone inside the garden and

informed the incident that her daughter informed her that the

accused inserted his private part into her mouth forcefully the

accused caught-hold on the spot and he disclosed his name. The

police were also called to Budha Talab, and a report has been

lodged. On the written complaint of the complainant, the FIR

Ex.P/5 was registered against the accused for the offence under

Section 376-AB of the IPC and Section 4 and 5 of the Protection

of Children from Sexual Offences Act (in short 'POCSO Act'). The

victim was sent for her medical examination to District Hospital,

Raipur where she was medically examined by PW-6 Dr. Veena

Patel, who found no injuries on the body of the victim and gave

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her report Ex.P/15. Spot Map Ex.P/6 was prepared by the Police

and Ex.P/17 was prepared by the Patwari. With respect to the age

of the victim, the Police has seized the progress report card, and

a copy of the birth certificate vide seizure memo Ex.P/7. In the

progress report card and copy of the birth certificate of the victim,

her date of birth is recorded as 29.04.2015. The school register

Ex.P/10-C was also seized by the police from the school of the

victim vide seizure memo Ex.P/12. The appellant was arrested on

15.02.2021 and he was also sent for his medical examination to

District Hospital, Raipur where he was medically examined by Dr

Ashutosh Gupta PW-5 who found no injury on the body of the

accused and gave his report Ex.P/13. The underwear of the

accused were sent for its chemical examination to FSL Raipur,

from where report Ex.P/29 was received and semen and sperms

were found on his underwear. Statement under Section 164 of the

Cr.P.C. of the victim has been recorded, statement of the

witnesses under Section 161 of the Cr.P.C. have also been

recorded and after completion of the usual investigation charge-

sheet was filed before the learned trial Court for the offence under

Section 376-AB of the IPC and Section 6 of POCSO Act.

3. On 27.07.2021, when the charges under Section 376AB of IPC

and Section 6 of the POCSO Act were framed, read out and

explained to the accused, he denied the charges and claimed

trial. To prove the charges against the accused, the prosecution

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recorded evidence of a total of 09 prosecution witnesses and

marked a total of 29 documents as exhibits.

4. When the statement of the accused was taken under Section 313

of the Code of Criminal Procedure, he