2026:CGHC:1646-DB NAFR Digitally signed by BABLU B R A A B JE L N U DRA HIGH COURT OF CHHATTISGARH AT BILASPUR RAJENDRA BHANARKAR BHANARKAR Date:

2026.01.12

17:21:55 +0530 CRA No. 614 of 2025 X S/o Y (Details Of Accused Not Disclosed Because He Is Elder Brother Of Her Father)

... Appellant versus State Of Chhattisgarh Through - Police Protection Center C.S.E.B. PS Kotwali Korba, District - Korba, Chhattisgarh ... Respondent For Appellant : Mr.Pawan Kesharwani, Advocate For Respondent : Mr.S.S.Baghel, Government Advocate Hon'ble Shri Justice Ramesh Sinha, Chief Justice and Hon’ble Shri Justice Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, CJ

12/1/2026

1. This criminal appeal arises out of the judgment of conviction and order of sentence dated 4.2.2025 passed by the Additional Sessions Judge, F.T.S.C. (POCSO), Korba in Special Case (POCSO) No.06/2022, whereby the appellant has been convicted for offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as “POCSO Act”)

and sentence to undergo RI for 25 years and fine of Rs.2000/-, in default of payment of fine to further undergo RI for 6 months.

2. The prosecution story, in brief, is that on 7.1.2022 mother of the victim (PW-1) appeared with the victim at the outpost CSEB, Police Station Kotwali, Korba and submitted a written complaint Ex.P-1 and unnumbered First Information Report Ex.P-2 that her elder daughter/victim, who has been living in Korba with her elder father and elder mother since childhood, called her on 6.1.2022 and told her that on 5.1.2022 at around 5 A.M. when the victim was sleeping in her room, at that time her elder father/accused came inside her room and taking advantage of the opportunity when there was no one in the house, forcibly raped the victim. Spot map was prepared by the investigating officer vide Ex.P-3. Consent for medical examination of the victim was given by her mother vide Ex.P-4. Progress report of class 5^th of the victim was seized vide Ex.P-5. Payjama and underwear of the victim were seized vide Ex.P-6. Patwari also prepared the spot map vide Ex.P-7. Dakhil kharij register of the victim in which date of birth was mentioned as 2.7.2008 was seized vide Ex.P-8. Certified copy of dakhil kharij register was seized vide Ex.P-10C. Semen slide and public hair of the accused / appellant were seized vide Ex.P-11. Two vaginal slides and pubic hair of the victim was seized vide Ex.P-12. MLC of the victim was done by Dr.Jyoti Sahu (PW-6) vide Ex.P13 where injuries external and internal genitals are within 48 hours duration. FIR in Crime No.0026/2022 was registered vide Ex.P-15. MLC of the appellant was conducted by Dr.B.K.Jhalaria (PW-10) vide Ex.P-16 and he was found capable to perform sexual intercourse. The appellant was arrested on 8.1.2022 vide arrest memo Ex.P-21. Seized articles were sent to FSL for chemical examination and as per FSL report (Ex.P-26), semen stains and human sperm were found in Article A1 Pygama, Article A2 underwear and Article B slide seized from the victim and Article D slide seized from the appellant. Radiological test of the victim was done vide Ex.P-27 in which it has been opined that the age of candidate is approximately between 14-16 years.

3. During the investigation and on the basis of the evidence collected, the accused / appellant found to have committed an offence under Section 506 of the IPC and Section 506 of the IPC was added against him. After completion of investigation, charge-

sheet was submitted before the jurisdictional criminal Court.

4. Charges were framed against the accused / appellant under Sections 376(2)(c), 376(3), 506 Part-II of the IPC and Section 6 of the POCSO Act and contents of the same were read out and explained to him. The accused / appellant denied the charges and claimed trial.

5. In order to establish the charge against the appellant, the prosecution examined as many as 13 witnesses and exhibited 27 documents. The statement of the a