2026:CGHC:4046-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1099 of 2021 Amit Rajak S/o Shri Bisali Rajak Aged About 19 Years R/o Village Chitapar Police Station And District Bemetara, Chhattisgarh.

--- Appellant versus State Of Chhattisgarh Through The Station House Officer, Police Station Bemetara, District Bemetara, Chhattisgarh.

--- Respondent CRA No. 1191 of 2021 Tekram Rajak S/o Late Chhoturam Rajak Aged About 31 Years R/o Chhitapar, Police Station And District - Bemetara (Chhattisgarh), District :

Bemetara, Chhattisgarh ---Appellant Versus State Of Chhattisgarh The Station House Officer, Police Station - Bemetara, District - Bemetara (Chhattisgarh), District : Bemetara, Chhattisgarh ---Respondent (Cause title taken from Case Information System)

For Appellants : Ms. Sareena Khan and Mr. Veer Verma, Advocates (in CRA No. 1099 of 2021)

Mr. Jameel Akhtar Lohani, Advocate (in VED CRA No. 1191 of 2021)

PRAKASH DEWANGAN For Respondent/State : Mr. Nitansh Kumar Jaiswal, Deputy G.A.

VED PRAKASH DEWANGAN Date: 2026.01.28 Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

23/01/2026

1. These two criminal appeals are arising out of the same Sessions Trial and a common judgment, therefore, they are being heard and decided together.

2. Both these criminal appeals have been filed by the respective appellants under Section 374(2) of the Code of Criminal Procedure, 1973 against impugned judgment of conviction and sentence dated 31.08.2021, passed by learned Additional Sessions Judge, Fast Track Special Court (POCSO Act), Bemetara, in Special Case No. 10 of 2020, whereby the appellants have been convicted and sentenced in the following manner:-

3. The case of the prosecution is that, on 29.12.2019, the father of the victim/PW-3 made a written complaint to the police station Bemetara with the allegation that on 28.12.2019, he had gone to Baiji Mela and his elder daughter, aged about 15 years had gone to her elder mothers’ house. She returned back, at about 11:00 PM in the night. In the next morning i.e. on 29.12.2019, at about 6:00 AM, his daughter has informed him and his wife that when she returned back from her elder mothers’ house yesterday night, she found her house locked and she again going to her elder mothers’ house. At about 9:30 in the night, on the way near the house of Bhagbali Rajak both the accused persons dragged her to the under construction house of Kishun Rajak and committed rape upon her. Based on the written report (exhibit P-6), the FIR (exhibit P-7) was registered against the appellants for the offence under section 376-D of IPC and section 4 and 12 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’). The victim was sent for her medical examination to District Hospital, Bemetara, where she was medically examined by Dr. Yashika Thawre/PW-4, who gave her report (exhibit P-13). While medically examining the victim, the doctor has not noticed any external injury. However, on internal examination, she found her hymen torn, red and inflamed and she opined that ‘hymen torn and inflamed shown sign of forceful intercourse’. Two vaginal slides were prepared and handed over to the police for its FSL examination. The victim was also advised for X-ray examination for confirmation of her age.

*******Spot map (exhibit P-4) was prepared by the police and exhibit P-5 was prepared by the patwari. The underwear of the victim was seized vide seizure memo (exhibit P-3). The primary school progress card of the victim has been seized vide seizure memo (exhibit P-8), in which the date of birth of the victim is recorded as 09.07.2004.

One birth registration kotwari panji has also been seized vide seizure memo (exhibit P-10), in which also the date of birth of the victim is recorded as 09.07.2004. Further the police has seized the school register with respect to the date of birth of the victim from Govt. Primary School, Chhitapar