2026:CGHC:8243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 400 of 2005 Reserved on 28.01.2026 Delivered on 16.02.2026 Ramadhar Baghel, S/o. Santlal Baghel, Aged about 26 years, R/o. Village Kasara, P.S. Patana, Present Address Narkeli, P.S.

Baikunthpur, District Koria (CG)

... Appellant(s)

versus State Of Chhattisgarh through Police Station Baikunthpur, District Koria (CG)

... Respondent(s)

For Appellant (s) : Mr. Rahul Mishra, Advocate For Respondent(s) : Mr. Suresh Tandon, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas

CAV Judgment

1. This criminal appeal under Section 374 (4) of Cr.P.C. has been filed against the judgment dated 14.03.2005 passed by Special Judge, Ambikapur District Surguja in Special Sessions Trial No. 90 of 2003, by which the appellant has been convicted for offence under Sections 366 and 376 of IPC and has been sentenced to undergo rigorous imprisonment for three years with fine of Rs. 500/- under Section 366 IPC, Rigorous Digitally signed by SANTOSH SANTOSH KUMAR KUMAR SHARMA SHARMA Date:

2026.02.16

16:04:29 +0530 imprisonment for seven years with fine of Rs. 500/- under Section 376 IPC with default stipulations.

2. Facts of the case, in brief, are that, victim’s father has lodged missing report on 25.05..2003 alleging that the appellant allured her minor girl and took her to other village and committed rape upon her. It is alleged that the victim belongs to Scheduled Tribe, therefore, FIR (Ex.P-1) was registered at Police Station AJAK, Ambikapur bearing Crime No. 27 of 2003 for the offence under Sectioon 363,366, 376 IPC and 3(1)(xii) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. After completion of the investigation, charge sheet was filed before the Court of Chief Judicial Magistrate, Baikunthpur, who in turn committed the case to the Court of Special Judge, Atrocities, Ambikapur which was registered as Special Sessions Case No. 90 of 2003.

3. After hearing the parties, learned Special Judge on the basis of material on record and upon considering the statements of the witnesses has passed the judgment of conviction and order of sentence against the appellant as mentioned in above. Record of the case demonstrates that the accused remained in jail from 26.05.2003 to 14.03.2005 and he has been released by this Court on 08.08.2005. Being aggrieved with the judgment of conviction and order of sentence, the appellant has filed this appeal.

4. The prosecution in order to prove the guilt of the appellant examined 12 witnesses, Jugguram (PW-1), victim (PW-2), Dr. Smt. Shekh F. S. Ansari (PW-3), Smt. Shyambai (PW-4), Dr. Ashok Kumar (PW-4), Kairuram (PW- 5), Puran (PW-6), Robinjuliyas Khalkho (PW-8), C.S.P. Shankar Ram Baghel (Ex.P-9), Dr. Nilam Tirkey (Ex.P-10), Dr. A.K. Karan (PW-11), Inspector V.K. Tiwari (PW-12) and exhibited the documents FIR (Ex. P-1), property seizure memo (Ex.P-2), property seizure memo (Ex.P-3), X-ray Plate (Ex.P-4), doctor advise (Ex.P-5), Report of doctor (Ex.P-6), Seizure memo (Ex.P-7), caste certificate (Ex.P-8), MLC of victim (Ex.P-9), MLC of appellant (Ex.P-10), application for medical examination of victim (Ex.P-11), application for medical examination of appellant (Ex.P-12), arrest memo (Ex.P-13), FSL report (Ex.P-14). The appellant examined Khusiram Sidhar (DW-1) in his support. Statement of the accused/appellant was recorded under Section 313 CRPC in which he denied the allegation made against him, pleaded his innocence and false implication in the case. The appellant has stated that at the time of incident, three girls eloped by other three persons and all the girls were doing labour work in tractor, as such the victim to save herself has made false allegation on him. He has also stated that all the girls unanimously eloped from the house and two cases have already been decided by the Court. Appellant also stated that he belongs to Scheduled Caste Community and annexed his caste certificate issued by Tahsildar.

5. Counsel for the appe