2026:CGHC:1117-DB Digitally signed by ANURADHA NAFR ANURADHA TIWARI TIWARI Date:

2026.01.08

17:48:08 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1112 of 2025 Ram Say Karsh @ Ram Sagar S/o Nilchand Karsh @ Nilkanth Aged About 60 Years R/o Shiv Mandir Parsabhatha, Ward No.-32, P.S. -

Balconagar, District - Korba (C.G.)

... Appellant versus State of Chhattisgarh Through - Police Station - Balco Nagar, District -

Korba (C.G.)

... Respondent (Cause-title taken from Case Information System)

For Appellant : Mr. Shalvik Tiwari, Advocate For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Judgment on board Per Ramesh Sinha, C hief Justice

08.01.2026

1. Heard Mr. Shalvik Tiwari, learned counsel for the appellant as well as Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the State/respondent.

2. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) questioning the impugned judgment dated 12.02.2025 passed by the Additional Sessions Judge, Fast Track Special Court (POCSO), Korba, District Korba (C.G.) in Special Case (POCSO) No.60/2021, whereby the trial Court has convicted and sentenced the appellant with a direction to run all the sentences concurrently in the following manner :-

3. Notice was duly issued to the mother of the victim (PW-1); however, despite service of notice, no one has entered appearance on her behalf, nor has any representation been made to contest or oppose the present appeal.

4. The prosecution case, in substance, is that the accused, Ramsai Karsh alias Ram Sagar, committed a heinous sexual offence against a minor victim, aged below 16 years, thereby attracting stringent penal provisions under the Indian Penal Code, 1860 as well as the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’).

5. As per the prosecution, on 19.02.2021 at about 2:00 p.m., the accused, who was a neighbour of the victim, unlawfully entered the house of the victim situated at Parsabhatha, Balco, within the jurisdiction of Police Station Balconagar, District Korba. At the relevant time, the victim was alone in the house. The accused closed the door from inside and forcibly caught hold of the victim. Despite her resistance and cries for help, the accused gagged her mouth and committed forcible sexual intercourse with her. The victim was a minor below 16 years of age on the date of the incident, and thus the act constituted rape and aggravated penetrative sexual assault.

6. The prosecution further alleges that when the victim threatened to disclose the incident to her parents, the accused intimidated her with dire consequences. He threatened to kill her parents and also threatened to sexually assault her younger sisters, thereby causing grave fear and terror in the mind of the minor victim. Due to fear, social stigma, and shame, the victim did not immediately disclose the incident to anyone.

7. Subsequently, after some time, the victim started experiencing pain in her stomach and chest and noticed that her menstrual cycle had stopped. Upon being informed of these symptoms, the victim’s mother took her for medical examination, where a pregnancy test revealed that the victim was pregnant. Thereafter, the victim disclosed the incident to her parents, following which, on 18.05.2021, the victim along with her mother approached Police Station Balconagar and lodged a written complaint narrating the entire incident.

8. Based on the written report (Ex.P/1), a crime was registered against the accused, and the matter was taken up for investigation. During investigation, the victim was medically examined, and sonography confirmed her pregnancy vide Ex.P/8. The medical examination of the accused was also conducted, and he was found capable of performing sexual intercourse vide Ex.P/10. The spot map of the incident was prepared vide Ex.P/7. The statement of the victim was record