2026:CGHC:2144 NAFR AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH C C O O U U R R T T , O o F =HIGH HIGH COURT OF CHHATTISGARH AT BILASPUR CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.01.16 13:15:24 +0530 CRA No. 223 of 2005 Hemant Kumar Verma, aged about 27 years, S/o Shri Reva Ram Verma, R/o Village Dhaba, Police Station Ghumka, District Rajnandgaon (Chhattisgarh)

... Appellant.

Versus State Of Chhattisgarh through Police Station Ghumka, Tahsil & District Rajnandgaon (Chhattisgarh)

... Respondent.

For Appellant : Mr. Shantam Awasthi, Advocate.

For Respondent : Mrs. Prabha Sharma, Panel Lawyer.

Hon'ble Shri Justice Naresh Kumar Chandravanshi Judgment on Board

14/01/2026

1. This criminal appeal preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity the ‘CrPC’) is directed against the judgment of conviction and order of sentence dated 05.03.2005 passed by the learned First Upper Sessions Judge, Rajnandgaon, Chhattisgarh (henceforth referred to as the 'trial Court') in Sessions Case No.129/2004, whereby learned trial Court after holding the appellant guilty, convicted and sentenced him in the following manner:-

Sr Conviction under Jail Sentence Fine Default No. Section Sentence stipulation

1 376 of the Indian Penal RI for 8 years Rs.5000/- RI for 1 year Code.

2 506(Part-2) of the RI for 2 years Rs.1000/- RI for 3 months Indian Penal Code.

2. Facts of the case, in brief, are that on 01.05.2004 the victim (PW-6), her husband LR (PW-5) along with two minor children aged about 2 years and one month, respectively, and sister-in-law of the victim were going to maternal house of the victim at Village Bundelikala by bus. After getting off the bus at Bilhari, husband of the victim started searching for bicycle to reach at Bundelikala. At the moment, the present appellant, who belongs to the same village, met them and told to drop victim, her children and sister-in-law to their village on his motorcycle. Thereafter, they sat on the appellant's motorcycle and the appellant proceeded. Appellant firstly dropped sister-in-law of the victim at Village Daragaon and after dropping her, he proceeded towards Village Bundelikala to drop the victim, however even after reaching there, he did not stop the motorcycle and directly went towards Village Domhatola. When the victim objected to the act of the appellant, the appellant returned from Domhatola, however, in between Domhatola and Bundelikala, he took the victim to the roadside and committed rape with her and also threatened to kill her children. Thereafter, the appellant dropped the victim and her children at Village Bundelikala. After arriving home, the victim narrated entire incident to her husband. Thereafter, the victim has lodged an FIR (Ex.P-11) against the appellant at Police Station Ghumka, District Rajnandgaon for the offence under Sections 376 and

506B of the IPC.

3. During the course of investigation, the victim was medically examined by Dr. Smt. SK (PW-1) and during medical examination vide MLC report (Ex.P-1) dated 03.05.2004, she did not find any injury on the person of the victim, hence, she could not opine whether rape was committed with her or not. However, she prepared two vaginal slides of the victim along with sample of pubic hair and handed over the same to the concerned police station for FSL examination. On the same day i.e. 03.05.2004, the appellant/accused was also medically examined by Dr. SKB (PW-2), who opined vide MLC report (Ex. P-3) that the report of appellant is positive. Statements of witnesses under Section 161 of the CrPC were recorded. Spot maps vide Ex.P-5 & Ex. P-6 were prepared by the concerned Police and Patwari, respectively. Underwear of the appellant was seized vide seizure memo Ex.P-8. Vaginal slide, pubic hair and underwear of the victim were seized vide Ex.P-9 and Ex.P-10, respectively. The seized underwear of the victim and appellant, along with the vaginal slide and pubic hair, were sent to FSL, Raipur for