2026:CGHC:1521 Digitally signed by SAGRIKA SAGRIKA AGRAWAL AGRAWAL D 20 a 2 te 6 : .01.15

0 + 9 0 : 5 2 3 6 0 :11 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1267 of 2024

1 - Ravi Kenwat S/o Shri Fulchand Kenwat Aged About 35 Years R/o Village Bhainsamuda, Police Station - Urga, Present R/o Kachhar, Dhaskapara, Police Station - Bango, Distt - Korba (C.G.)

... appellant (s)

versus

1 - The State Of Chhattisgarh Through The Station House Officer, Police Station -

Balco Nagar, Korba, District - Korba (C.G.)

... Respondent(s)

For appellant (s) : Mr. Vivek Bhakta, Advocate For Respondent(s) : Mr. Karan Kumar Bahrani, Panel Lawyer Hon'ble Justice Mr. Ravindra Kumar Agrawal, J.

Order on Board

09.01.2026

1. The present criminal appeal has been listed for consideration on the application for suspension of sentence and grant of bail, however, with the consent of the parties, the matter has been heard finally.

2. The present criminal appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 against the impugned judgment of conviction and sentence dated 07/06/2024 passed by learned Addl. Sessions Judge (FTC), Korba, Dist- Korba, in Session Case No. 25/2024, whereby the appellant has been convicted and sentenced in the following manner:-

S. No. Conviction Sentence

1 Under Section 454 of IPC R.I. for 03 years with fine of Rs. 1000/-, in default of payment of fine, further R.I. for 03 months

2 Under Section 354 of IPC R.I. for 05 years with fine of Rs. 1000/-, in default of payment of fine, further R.I. for 03 months

3 Under Section 92 B of R.I. for 03 years with fine of Rs. 500/-, in Rights of Persons with default of payment of fine, further R.I. for 01 Disabilities Act, 2016. month.

3. The prosecution case in brief are that on 06.09.2023, the father of the victim lodged a written complaint to the Police that at about 10.15 am, when he was in his house, a person entered into his house and outrage the modesty of his daughter who is a differently abled girl, took her inside the room and after removing her cloths, he lying over her. When her daughter shouted, they rush to the room and caught the appellant there who disclosed his name. Based on the written complaint (Ex-P/2), the FIR (Ex-P/3) was registered against the appellant for the offence under Section 354 A of IPC. Spot map (Ex-P/4) was prepared by the Police. The Disability certificate of the victim (Article-A/1) has been seized vide seizure memo (Ex-P/5). The father of the victim does not give his consent for medical examination of the victim which is (Ex-P/6) and therefore, the victim could not be medically examined. The appellant was arrested on 09.09.2023 and after recording statement of the witnesses and completion of investigation, the charge-sheet was filed against the appellant before the learned Judicial Magistrate First Class, Korba for the offence under Section 354 and 454 of IPC and Section 92 of Rights of Persons with Disabilities Act, 2016. The case was committed to the learned trial Court for its trial.

4. The learned trial Court has framed charges against the appellant for the offence under Sections 454, 354 of IPC and Section 92-B of Rights of Persons with Disabilities Act, 2016. The appellant denied the charge and claimed trial.

5. In order to prove the charge, the prosecution has examined as many as 06 witnesses. Statement of the appellant under Section 313 of Cr.P.C. has also been recorded in which he denied the circumstances appears against him, plead innocence and submitted that on the date of incident, he had gone near the house of the victim to inquire about the house on rent and at that time, the father of the victim committed marpeet with him and thereby he has falsely been implicated in the offence.

6. After appreciation of oral as well as documentary evidence led by the prosecution, the learned trial Court has convicted the appellant and sentenced him as mentioned in the earlier part of this judgment. Hence this appeal.

7. Learned counsel for th