2026:CGHC:4896-DB MANPREET KAUR NAFR Digitally signed by MANPREET KAUR Date: 2026.01.30 11:27:29 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1719 of 2023 Vinod Singh Maravi S/o Shivbaran Singh Maravi Aged About 19 Years R/o Gopalpur Mohalla Bamhani, P.S.-Pali, District : Korba, Chhattisgarh ... Appellant(s)

versus State Of Chhattisgarh Through- P.S.- Pali, District : Korba, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Syed Majid Ali, Advocate For Respondent(s) : Mr. S.S. Baghel, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, C.J .

29.01.2026

1. This criminal appeal under Section 374(2) of the CrPC is directed against the judgment dated 04.03.2023 passed by the Additional Sessions Judge – Special Court (Fast Track) (POCSO) Katghora, District- Korba (C.G.). in Special Case No. 44/2021, whereby the learned trial Court has convicted the appellant as under:-

Conviction Sentence Fine In default of under Section (Rigorous payment of imprisonment) fine add. R.I.

Section 363 of the 1 year Rs. 500/- 01 month IPC Section 366 of the 3 years Rs.500/- 01 month IPC Section 506 of the 1 year Rs.500/- 01 month IPC Section 6 of the 20 years Rs. 1,000/- 02 months POCSO Act All sentences have been directed to run concurrently.

2. Case of the prosecution, in brief, is that on 29.01.2021, the victim submitted a written application stating that she had known the accused, Vinod Singh Maravi, for approximately one year and that they had been communicating via mobile phone. Meanwhile, on Saturday, 4-09-2021, the accused came to her house and took her to his house that night, saying, "I love you," and raped her in his room against her will. He had established physical relations with her without her consent and after that he continued to have physical relations with her forcibly at different places for 2-3 times continuously and when the victim protested, the accused threatened to kill her if she told anyone, due to which she did not tell anyone about the incident, but on 19-09-2021, after telling her sister and her parents about the said incident, a written complaint was given to the Pali police station, after which the Pali police station registered a crime against the accused and took the case into investigation.

3. During the investigation, with the consent of the victim, she was medically examined by a female doctor and her statement was recorded under Section 164 Cr.P.C. and by submitting a report to the Child Welfare Committee, Korba. To ascertain the correct age of the victim, an X-ray was conducted at the District Hospital, Korba. During the investigation, when evidence of crime was found against the accused, he was duly arrested and sent on judicial remand. After completing the investigation, a charge sheet was prepared and presented before the court for trial.

4. Sections 363, 366, 376(2)(N), 506 Part-II of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act 5 were registered against the accused. After the charges were framed, read, and explained to him, the accused denied the crime and claimed trial. Upon examination under Section 313 of the CrPC, the accused pleaded innocence and stated that he had been falsely implicated.

5. After appreciation of evidence available on record, the learned trial Court has convicted the accused/appellant and sentenced him as mentioned in para 1 of the judgment. Hence, this appeal.

6. Learned counsel for the appellant submits that the impugned judgment dated 04.03.2023 passed by the learned Trial Court is illegal, erroneous and contrary to the facts, evidence and law applicable to the present case and is therefore liable to be set aside. It is contended that the learned Trial Court failed to appreciate that the prosecution case itself suffers from serious infirmities, contradictions and unexplained delay, inasmuch as the alleged incident is stated to have occurred on 19.09