2026:CGHC:4052-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1660 of 2021

1 - Roshan @ Butru Ram Chelak S/o Late Budharu Ram Chelak, Aged About 20 Years, R/o Kosanala Satnami Basti, Rearby Satnam Bhawan Supela, Police Station Supela, District- Durg Chhattisgarh.

... Appellant versus

1 - State of Chhattisgarh Through - Station House Officer, Police of Police Station Supela, District - Durg Chhattisgarh.

... Respondent (Cause title taken from Case Information System)

For Appellant : Mr. Qamrul Aziz, Advocate.

For State/Respondent : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

23-01-2026

1. The present criminal appeal has been filed by the appellant under Section 374(2) of the Cr.P.C. against the impugned judgment of conviction and sentence dated 18-11-2021 passed by the learned Additional Sessions Judge, Second Fast Track Special Court (POCSO Act) Durg in Special Sessions Case No.75/2019 whereby the appellant

DMAA iOg D iHt I a LAl MK y HMsi A gEN nDed by

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has been convicted and sentenced in the following manner with a direction to run all the jail sentences concurrently:-

Conviction Sentence U/s 323 of the IPC R.I. for 6 months and fine amount of Rs.500/-, in default of payment of fine further R.I. for 1 month, Under Section 377 of the IPC Life imprisonment and fine amount of Rs.5000/-, in default of payment of fine further R.I. for 3 months, Under Section 6 of the Life imprisonment and fine amount of Protection of Children from Rs.5000/-, in default of payment of fine Sexual Offences Act, 2012 (as defined under Section further R.I. for 3 months.

5(m) of the POCSO Act)

2. The case of the prosecution is that on 19-04-2019 at about 06:15 p.m. the minor son of the complainant came back to his house by crying and informed his father that when he had gone to Gym Park, Neharu Nagar the appellant slapped him 2-3 times and took him towards shrubs took his private part and inserted it in his mouth. After seeing a lady coming there, he fled away. The father of the victim PW-3 lodged report to the police on the same day and FIR under Section 377, 323 of the IPC was registered against the appellant which is Ex.-P/1. The victim was sent for his medical examination to Govt. Hospital Supela where he was medically examined by Doctor S.K. Agrawal PW-9 who gave his report Ex.-P/12. While medically examining the victim the doctor has noticed swelling and pain on the right cheek of the victim. Spot map was prepared by the police and Ex.-P/4 was prepared by the Patwari. School register with respect to the age of the victim was seized vide seizure memo Ex.-P/9 and according to the school register Ex.-C/1 his date of birth is 11-12-2012. The appellant was arrested on 20-04-2019 and he too was sent for his medical examination to Govt. Hospital Supela where he was medically examined by PW-8 Doctor Dinesh Patel who gave his report Ex.-P/11 and found that the appellant cant do sexual/oral intercourse. Statement of the witnesses under Section 161 of the Cr.P.C., statement of the victim under Section 164 of the Cr.P.C. have been recorded and after completion of usual investigation charge sheet was filed before the learned trial Court for the offence under Section 377(m) 323 of the IPC and Section 3, 4 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘the POCSO Act’).

3. The learned trial Court has framed charge against the appellant for the offence under Section 377, 323 of the IPC and Section 4 of the POCSO Act. The appellant denied the charge and claimed trial.

4. In order to prove charge against the appellant the prosecution has examined as many as 9 witnesses. The statement of the appellant under Section 313 of the Cr.P.C. has also been recorded in which he denied the circumstances appearing against him, pleaded innocence and has submitted that he has been falsely implicated in the of