2026:CGHC:2707-DB NAFR BABLU RAJENDRA BHANARKAR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2026.01.19 CRA No. 356 of 2022

17:32:04 +0530 Vishal Mukhi S/o Badal Mukhi Aged About 20 Years Resident Of Bharti Nagar, Talapara, Police Station-Civil Line, Bilaspur District-Bilaspur Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Civil Line, Bilaspur District-Bilaspur Chhattisgarh.

... Respondent(s)

For Appellant : Mr.Arvind Shrivastava, Advocate For Respondent : Mr.Nitansh Jaiswal, Deputy Government Advocate Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon’ble Shri Justice Ravindra Kumar Agrawal, Judge Per Ramesh Sinha, CJ

16/01/2026

1. The criminal appeal arises out of the judgment of conviction and order of sentence dated 8.1.2021 passed by the First F.T.S.C. (POCSO/Additional Sessions Judge, Bilaspur in Special Sessions Case No.10/2019 whereby the appellant has been convicted and sentenced in the following manner :

Sl. Conviction Sentence No.

1. Under Section RI for 5 years and fine of Rs.200/-, in

363 of the IPC default of payment of fine to further undergo RI for 6 months.

2. Under Section RI for 7 years and fine of Rs.300/-, in

366-A of the IPC default of payment of fine to further undergo RI for 8 months.

3. Under Section RI for 20 years and fine of Rs.500/-, in

376(3) of the IPC default of payment of fine to further undergo RI for one year.

2. The prosecution story, in brief, is that the mother of the victim lives with her family in Minimata Nagar Talapara and works as labourer. Her husband is dead. She has four daughters and three sons, of which youngest daughter is the victim, who is 15 years old. The victim went somewhere without informing anyone from the house on 14.11.2018 at 6 A.M. When she did not return till evening, she was not found after inquiring among the relative nearby. During this time, when the information about accused Vishal of the locality also going missing was received, the complainant lodged a report in the Civil Lines Police Station on 15.11.2018 regarding Vishal sweeper luring and taking away her minor daughter/victim, Rojnamacha Sanha No.1172 (Ex.P-23) was registered and on that basis, Missing Person case No.128/18 (Ex.P-22) and FIR No.989/18 under Section 363 of the IPC was registered. The FIR was registered against accused Vishal Mukhi vide Ex.P-5. On the same date, a site map (Ex.P-6) was prepared at the scene based on the witnesses descriptions. When the victim’s mother presented her government primary school marksheet Article A-1, it was seized as per seizure memo (Ex.P-8).

3. During the investigation, on 22.11.2018 the victim was recovered from the possession of the accused in Bharatiya Nagar Talapara in the presence of witnesses and recovery panchnama (Ex.P-1) was prepared. Memo for recording the statement of the victim was sent to the Incharge, Mahila Thana, Bilaspur vide Ex.P-16 and statement of the victim was recovered vide Ex.P-9. In her statement, the victim told that that the accused had abducted her on the pretext of marriage and had established physical relations with her. On the same date, the victim was sent to the Government Girls Home, Bilaspur as per memorandum (Ex.P-19. On 23.11.2018, memorandum (Ex.P-20) was sent to the Chairman Child Welfare Committee, Bilaspur for handing over the victim for examination. After taking consent (Ex.P-7) from the mother of the victim, the victim was examined in District Hospital, Bilaspur as per the application of Ex.P-2. On the same date, after the medical examination of the victim, on being presented by lady constable Priyanka, two slides of the victim were seized in sealed condition as per seizure memo Ex.P-14. On the same date, the victim’s case under Section 164 CrPC was sent to JMFC, Bilaspur. For recording the statement of the victim, the statement taken by giving memorandum Ex.P-21 and order sheet Ex.P-4 were attached. On 7.1.2019 memorandu