Digitally signed by AVANISH 2026:CGHC:2342 KUMAR PATHAK Date:

2026.01.21

17:03:17 NAFR +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 803 of 2005

1 - Jojwa @ Dulrawa (Abated) As Per Honble Court Order Dated 15-09-2023. 2 - Satyanarayan S/o Ghasia Aged About 19 Years R/o Village Katbilta, P.S. Urga, Dist- Korba C.G.

3 - Bega Yadav @ Shani S/o Laxmi Aged About 19 Years R/o Village Katbilta, P.S.

Urga, Dist- Korba C.G.

4 - Indelsingh Kewat S/o Baren Singh Kewat Aged About 28 Years R/o Village Katbilta, P.S. Urga, Dist- Korba C.G.

... Appellants versus State Of Chhattisgarh ... Respondent For appellants : Mr. H.S. Ahluwalia, Adv.

For Respondent : Mr. Shailesh Puria, Panel Lawyer.

(Hon’ble Mr. Naresh Kumar Chandravanshi, J)

Judgment on Board

1 4-1-2026

1 This criminal appeal has been preferred by appellants/accused under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity ‘Cr.P.C.’) challenging the judgment of conviction and order of sentence dated 29-9-2005 passed by learned Upper Sessions Judge, Korba (CG) (henceforth referred to as ‘Trial Court’) in Sessions Case No. 106/04, whereby appellants / accused have been convicted and sentenced as under :-

Accused/Appellant Jojva alias Dularva :-

Conviction u/S. Jail Sentence Fine sentence Default stipulation

363, IPC RI for 5 years Rs. 500/- Additional RI for 3 months.

366, IPC RI for 5 years, Rs. 500/- Additional RI for 3 months.

366A, IPC RI for 5 years Rs. 500/- Additional RI for 3 months Other accused/appellants:-

Conviction u/S. Jail Sentence Fine sentence Default stipulation

363/34, IPC RI for 3 years Rs. 500/- Additional RI for 3 months.

366/34, IPC RI for 3 years, Rs. 500/- Additional RI for 3 months.

366A, IPC RI for 3 years Rs. 500/- Additional RI for 3 months All the substantive jail sentences have been directed to run concurrently.

2 Facts of the case, in nutshell, are that, in the night of 23-7-2004, main accused Jojva alias Dularva, against whom appeal has been abated as he died during the pendency of this appeal, with the help of the other appellants, abducted minor victim and they took her to Bilaspur, where main accused Jojva alias Dularva kept her for 3 days, thereafter he took her to his house at village Katbitla and kept her there for 3 days and sexually exploited her many times, from where he allowed her to go to her house on 30-7-2004. After returning home on 30-7-2004, minor victim made written complaint (Ex. P-1) in Police Station Urga, Distt. Korba, based on which FIR (Ex. 10) was registered in PS City Kotwali. Medical examination of the victim (P.W. 1) was conducted by Dr. Swati Sisodiya (P.W. 4), in which, vide MLC report (Ex. P-8), she did not find any external or internal injury on the person of the victim and also did not find any sign of struggle against the act. She further opined that, the victim was habitual of intercourse. She prepared two vaginal slides of victim and handed over the same to the concerned Constable for FSL examination. She also referred the victim to Radiologist for confirmation of her age. Statements of witnesses were recorded. Spot map (Ex. P-3) was prepared. Vaginal slide of the victim was seized vide Ex. P-5. Marksheet of Primary School of the victim as well as Dakhil Kharij register (Ex. P-15) of Primary School, Chicknipali, Distt Korba were seized vide Ex. P-6. Motorcycle bearing registration No. CG 12 B 6967 was seized vide seizure memo Ex. P-17. Underwear of main accused Jojva alias Dularva was seized vide seizure memo Ex. P-18. Accused persons were arrested.

3 After usual investigation, a charge sheet for the offence under Sections

363, 366, 376, 109, 506 and 34 of the IPC was filed against the appellants before the Chief Judicial Magistrate, Korba, who committed the case to the Sessions Judge, Korba thereafter the case was transferred to the Upper Sessions Judge, Korba who conducted trial.

4 The Trial Court framed charges against Jojva alias Dularva under Sections 376(1), 363, 366 and 366(A) of the IPC and charges under Sectio