2026:CGHC:8402-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2228 of 2024

1 - Rahul Alias Santu S/o Surendra Sarthi, Aged About 23 Years, R/o Ujiyarpur, Sonvarsha, P.S.-Pondi, District-Koriya (C.G.)

... Appellant versus

1 - State of Chhattisgarh Through- Police Station- Pondi, District-

Manendragarh-Chirmiri-Bharatpur (M.C.B.) (C.G.)

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

For Appellant : Mr. Abhinav Dubey, Advocate.

For State Mr. N.K. Jaiswal, Deputy Govt. Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

13.02.2026

1. Though the matter has been listed today for hearing on I.A.

No.01/2024 which is an application for suspension of sentence and grant of bail, however, with the consent of the present criminal appeal is heard finally.

2. In view of the above, I.A. No.01/2024 is disposed of.

3. The present criminal appeal has been filed by the appellant MOHAMMED AADIL KHAN D 11 a : t 5 e 4 : : 2 0 0 8 2 + 6. 0 0 5 2 3 .1 0 9 against the judgment of conviction and sentence dated

25.10.2024 passed by the learned Additional Session Judge F.T.S.C. (POCSO) Manendragarh, District Koriya (C.G.) in Special Criminal Case No. 33/2023, whereby the appellant has been convicted and sentenced in the following manner with a direction to run all the jail sentences concurrently:-

Conviction Sentence U/s 366 of the IPC R.I. for 3 years and fine of Rs.100/-, in default of payment of fine further S.I.

for 1 month, U/s 376(3) of the IPC R.I. for 20 years and fine of Rs.500/-, in default of payment of fine further S.I.

for 2 months, U/s 6 read with Section R.I. for 20 years and fine of Rs.500/-, 5 (V) of POCSO Act in default of payment of fine further S.I.

for 2 months.

4. Brief facts of the case are that on 22-10-2021 the mother of the victim, PW-1 lodged a written report to the police that at about 06:30 p.m. when she had gone to tap (uy) to fetch water and when she came back to her house, she saw the accused in her house. She scolded him and he went away. After some time when she had gone to the hotel of her son, her neighbour informed her that her daughter is being taken by the accused towards shrubs. She rushed to her house and could not found her daughter there. She was in search of her daughter along with other persons of the vicinity and when she called by her name, then she raised her voice and when they had gone to the place they saw the accused running from that place and her daughter was also there naked. They took her daughter back to the house and then she informed the incident that the accused committed rape upon her. Her daughter is minor, dumb and differently abled. The dehati nalisi Ex.-P/1 was recorded and the victim was sent for her medical examination to Community Health Center Manendragarh where Doctor Kumari Nivedita PW-3 medically examined her and gave her report Ex.-P/5. While medically examining the victim the doctor noticed abrasions present on both legs and observed that the victim was not cooperating in her medical examination. She opined that sexual intercourse cannot be appreciated properly as the person was not cooperating during examination and advised UPT, HIV, HbsAg and VDRL test. Two slides of vaginal swab of the victim were prepared, sealed and handed over to police for its chemical examination. The spot map Ex.-P/2 was prepared by police. Another spot map Ex.-P/11 was prepared by the Patwari. With respect to age and date of birth of the victim police has seized progress report card of the victim of class 4 vide seizure memo Ex.-P/4 in which the date of birth of the victim is mentioned as 13-02-2007. The school register Ex.-P/8C was seized from the school vide seizure memo Ex.-P/7 and after retaining its attested true copy Ex.-P/8C the register was returned back to the school. The certificate with respect to her date of birth issued by Head Master of the school has also been seized vide seizure memo Ex.-P/9.