2026:CGHC:1644-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1156 of 2022 Omprakash Netam S/o Shri Abhiraj Singh Netam Aged About 21 Years R/o Chilhantola, Gullidand, Police Station Marwahi, District Gaurela-

Pendra Marwahi Chhattisgarh ... Appellant versus State of Chhattisgarh Through Station House Officer, Police Station Marwahi, District Gaurela- Pendra Marwahi Chhattisgarh ROHIT ... Respondent KUMAR CHANDRA ------------------------------------------------------------------------------------------------

Digitally signed by ROHIT KUMAR CHANDRA For Appellant : Ms. Maya Chaturvijani, Advocate For State/Respondent : Mr. Priyank Rathi, Government Advocate ------------------------------------------------------------------------------------------------

Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Ravindra Kumar Agrawal , Judge P er Ramesh Sinha, CJ

12.01.2026

1. Today, though the matter is listed for disposal of I.A. No. 2 of 2026 filed by the appellant seeking temporary bail, but on a pointed query being made from learned counsel for the appellant that since how long the present appellant is in jail, she stated that the appellant is in jail since 05.01.2021, hence, with the consent of learned counsel for the parties, we proceed to decide the present appeal finally which is ripe for final hearing.

2. This appeal arise out of the judgment of conviction and order of sentence dated 15.06.2022 passed by the Special Additional Sessions Judge, Pendraroad, District Bilaspur (C.G.) in Special Sessions Case No.03/2021, whereby the appellant has been convicted and sentenced with a direction to run all the sentences concurrently in the following manner :

3. The prosecution case in brief is that on 27.12.2020, the father of the victim appeared at the police station and lodged a report that his daughter, aged 16 years, had gone away from home on 21.12.2020 at around 11-12 pm without informing anyone and has not returned home till date, and some unknown person had lured her away and taken her away. Police station Marwahi registered FIR bearing Crime No. 157/2020 under section 363 of IPC vide Ex.P-1 against unknown accused. After visiting the spot of incident, a site map of the spot was prepared vide Ex.P-2. During investigation, the victim was recovered on 05.01.2021 and recovery panchnama Ex.P-8 was prepared and as per the surrender letter of Ex.P-3, she was handed over to her father.

4. After obtaining the consent vide Exs.P. 4, 9 and 15 for the medical examination of the victim, application Ex.P-10A was prepared and sent to the District Hospital, Gaurela Pendra Marwahi, where the medical officer, after examination, gave a report as Ex.P.10. When the victim's underwear and vaginal slide were brought from the hospital in a sealed packet by female constable Ishwari Maravi, they were seized as per seizure memo Ex.P-17. The statements of the victim and witnesses were recorded. Regarding the victim's age, her admission registration register Ex.P-20/C was seized as per seizure memo Ex.P-18. The accused was arrested as per the arrest panchnama of Ex.P-21. His family was informed about the arrest as per Ex.P-22. He was also medically examined. After completion of investigation, charge-sheet was submitted against the accused under sections 363, 366, 376 of the IPC and Section 6 of the POCSO Act before the Court of Special Additional Sessions Judge, Pendraroad, District Bilaspur (C.G.).

5. After framing of charges against the accused under sections 363,

B

366, 376 (2- ) of the IPC and Section 5 /6 of the POCSO Act and

reading them out and explaining to him, the accused has denied

having committed the crime and a request has been made for trial.

6. The accused has pleaded innocence in his trial under Section 313 of the CrPC and has stated that he has been falsely implicated and no defence evidence has been presented on behalf of the accused.

7. In this case, on behalf of the prosecution, statements of the victim's father (PW1), the victim (PW2), D