2026:CGHC:3194-DB MANPREET KAUR Digitally signed NAFR by MANPREET KAUR Date: 2026.01.21 10:52:35 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1226 of 2021 Mohd. Hussain @ Salim S/o Shri Mohd. Ali, Aged About 40 Years R/o Santoshi Nagar, Taj Nagar, P.S. Tikrapara, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Appellant(s)

versus State Of Chhattisgarh Through P.S. Tikrapara, Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Kashif Shakeel, Advocate For Respondent(s) : Mr. Saurabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

20.01.2026

1. Heard Mr. Kashif Shakeel, learned counsel for the appellant. Also heard Mr. Saurabh Sahu, learned Panel Lawyer, appearing for the respondent/State.

2. This criminal appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 30.09.2021, passed by the learned Additional District Judge, First Fast Track Special Court, Raipur (C.G.), in Special Criminal Case No. 55/2019, by which the appellant has been convicted for the offences punishable under Section 376 (AB) of the IPC and sentenced him to life imprisonment (till remainder of natural life) and fine of Rs.50,000/-, in default of payment of fine additional rigorous imprisonment for 01 year.

3. Case of the prosecution, in brief, is that the father of the victim submitted a written report at Police Station Tikrapara stating that on 12.03.2019 at about 10:00 p.m., he was present at his residence. His minor daughter had gone towards the bathroom and did not return for a considerable time. Upon going to enquire, he noticed the accused Hussain standing in the vacant space adjoining the bathroom and found him committing an act constituting sexual assault upon the victim child. On seeing the complainant, the accused fled from the spot. It is further alleged that upon enquiry, the victim disclosed that the accused had subjected her to similar acts on four to five occasions earlier. On the basis of the said written report, FIR No. 194/2019 was registered at Police Station Tikrapara for offences punishable under Section 376 of the IPC and Sections 3 and 4 of the POCSO Act, 2012, and the matter was taken up for investigation.

4. During investigation, the accused was arrested. Upon completion of investigation, sufficient material was found against the accused, and consequently, a charge-sheet was filed before the Court of the then Seventh Additional Sessions Judge (FTC), Raipur on 11.04.2019.

5. On 07.05.2019, charges under Section 376-AB of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 were framed against the accused. The charges were read over and explained to him, to which he pleaded not guilty and claimed trial.

6. In support of its case, the prosecution examined seven witnesses and exhibited twenty-five documents. After completion of prosecution evidence, the statement of the accused was recorded under Section 313 of the Code of Criminal Procedure, wherein he denied the allegations and claimed false implication.

7. In defence, the accused examined one witness, namely Mrs. Amina Bee (DW-1). Thereafter, the defence evidence was closed on

04.09.2021.

8. After appreciation of evidence available on record, the learned trial Court has convicted the accused/appellant and sentenced him as mentioned in paragraph-2 of the judgment. Hence, this appeal.

9. Mr. Kashif Shakeel, learned counsel for the accused/appellant submits that the judgment of conviction and sentence dated 30.09.2021 passed by the Learned trial Court, is contrary from the facts available on record and is liable to be set-aside. The learned Court below has convicted the appellant only on the ground of presumption and suspicious. T