2026:CGHC:1142-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1291 of 2024

1 - Itwari Ram Yadav S/o. Bodku Ram Yadav Aged About 32 Years R/o. Village- Garda Schoolpara, Police Station- Lohandiguda, District- Bastar (C.G.)

2 - Maniram Podyami S/o. Gulodi Podyami Aged About 38 Years R/o. Village- Garda Kotwarpara, Police Station- Lohandiguda, District- Bastar (C.G.)

... Appellants versus Digitally signed by VASANT V K A U S M A A N R T KUMAR D 20 a 2 te 6 : .01.12 State of Chhattisgarh Through Police Station- Lohandiguda, District-

18:08:35 +0530 Bastar (C.G.)

---- Respondent -----------------------------------------------------------------------------------------------

For Appellants : Mr. Shivang Dubey, Advocate For Respondent-State : Mr. Priyank Rathi, GA -----------------------------------------------------------------------------------------------

Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Arvind Kumar Verma, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

08.01.2026

1. With the consent of learned counsel appearing for both the parties, the matter is heard finally.

2. The appellants have filed the instant appeal under Section 374 (2)

of the Code of Criminal Procedure, 1973, (henceforth ‘the Cr.P.C.') questioning the judgment of conviction and order of sentence dated 20.05.2024 passed in Special Sessions Case No.01/2020 by which the learned Additional Sessions Judge (F.T.S.C.) (POCSO Act), District Bastar Place Jagdalpur (C.G.) has convicted and sentenced the appellants as under :-

3. Case of the prosecution in brief is that on 9.08.2019, the applicant's wife and her daughter/victim left home to get their Aadhaar cards made and go shopping in Lohandiguda. The applicant's wife stopped by the Lohandiguda Bank to get her Aadhaar card made. The victim left Lohandiguda saying she would buy vegetables from the Big Dharaur market, but did not return for a long time. The applicant's wife went to the market and searched for the victim, but when she was not found, she returned home and informed the applicant. The two then searched nearby and among relatives, but were unable to find her. The applicant suspected that an unknown person had lured the victim away with the intention of committing an immoral act.

4. Based on the applicant's information, case was registered at Lohandiguda Police Station, Crime No. 59/2019, Section 363 of IPC. A case was registered against an unknown person on August

20, 2019, under Section 363 of the Indian Penal Code.

5. Investigation was commenced. During the investigation, the victim was recovered from Ramajipuram on September 29, 2019. During interrogation, the victim revealed that she had gone with her mother to Usribeda village to get an Aadhaar card made when accused Maniram called her. Without informing her mother, the victim took an auto-rickshaw to Lohandiguda market. Upon arriving, accused Maniram, along with his friend Itwari, took her in an auto-rickshaw to his home in Gadda, where accused Maniram locked her in a room. At around 6:00 pm, accused Maniram returned home alone. That night, accused Maniram forcibly raped her. Accused Maniram had taken her mobile phone, preventing her from calling anyone. Accused Maniram kept her locked in his house for two days and raped her multiple times. Two days later, accused Maniram and Itwari took her by bus to Vijayawada, where accused Maniram forcibly raped her. Two days later, both accused took her to Ramjipuram, where accused Maniram continued to have physical relations with her. When accused Maniram learned that the victim's parents had filed a police report, he left her with accused Itwari and went away. Accused Itwari also forcibly raped her several times. Accused Maniram and Itwari, despite knowing that the victim was a minor tribal girl, forcibly took her with them and raped her against her will.

6. Statements were recorded from the applicant, the victim, and witnesses. The victim underwent medical treatment. A site map of the crime scen