2026:CGHC:8010-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 302 of 2024 Nauku Ram Netam S/o. Late Shri Sondhar Aged About 20 Years R/o Baghnipani, Police Station Piperchedi, District Gariyaband Chhattisgarh.

... Appellant versus State Of Chhattisgarh Through Police Station Piperchedi District Gariyaband Chhattisgarh.

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

For Appellant : Mr. Chitendra Singh, Advocate For Respondent/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Judgement on Board Per Ramesh Sinha, C.J.

13/02/2026

1. By order dated 04.03.2024, notice was directed to be issued to the complainant/father of the victim through the learned State counsel.

Digitally Learned State counsel, however, submits that despite efforts, the signed by VED VED PRAKASH PRAKASH DEWANGAN DEWANGAN Date: notice could not be served upon the complainant/father of the victim

2026.02.19 +0530 (PW-7). The appellant has remained in custody since 18.11.2020 and continues to be in incarceration. Having regard to the fact that the appeal arises out of a matter of the year 2020, and with the consent of learned counsel appearing for the parties, we deem it appropriate to take up the appeal for final hearing and proceed to decide the same on merits.

2. This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the appellant–Nauku Ram Netam (in jail) assailing the judgment of conviction and order of sentence dated 20.10.2023 passed by the learned Additional Sessions Judge, Fast Track Special Court (POCSO & Rape Cases), Gariyaband (C.G.) in (POCSO) Case No. 12/2021, whereby the appellant has been convicted under Sections 363 and 366 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced in the following manner:

3. By the impugned judgment of conviction, the appellant has also been convicted for the offence under Section 376(3) of IPC, but no separate sentence has been awarded for the offence under Section 376(3) of IPC, as he has already been sentenced under Section 4(2) of POCSO Act.

4. As per the case of the prosecution, on 13.11.2020, the complainant, who is the father of the victim/prosecutrix, lodged a report at Police Station Piperchedi, District Gariyaband (C.G.), stating that on the said date he and his wife had gone to their agricultural field for farming work, leaving their son and daughter at home. When they returned at about 5:00 PM, they found that their daughter, aged about 15 years and 9 months, was missing. Despite making efforts to search for her in the village and nearby places, her whereabouts could not be traced.

******* On the basis of the said report, a First Information Report bearing Crime No. 21/2020 was registered initially under Section 363 of the Indian Penal Code, 1860 against an unknown person at Police Station Piperchedi, District Gariyaband.

******* During the course of investigation, the Investigating Officer prepared the spot map, recorded statements of witnesses under Section 161 of the Code of Criminal Procedure, 1973, and made efforts to trace the victim. Subsequently, the victim/prosecutrix was recovered from the custody/possession of the present appellant/accused. The school admission register (Dhakhil Kharij) and marksheet were seized to ascertain the age of the victim. The victim was medically examined and her statement was recorded. On the basis of her statement and other material collected during investigation, the present appellant was arrested and his medical examination was also conducted.

******* Upon completion of investigation, offences under Sections 366 and 376(2)(i)(n) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 were added. After completion of investigation, charge-sheet was filed before the Special Court (POCSO), Gariyaband against the appellant for the a