2026:CGHC:1116-DB NAFR MANPREET KAUR D M i A g N ita P l R ly E s E ig T n K e A d U b R y HIGH COURT OF CHHATTISGARH AT BILASPUR Date: 2026.01.21 13:52:23 +0530 CRA No. 280 of 2022 Dipak Kumar @ Anand Kumar Dhanuhar S/o Lae Panchram Aged About 21 Years Resident Of Village Nawagaon, Thana Nagrada, District Janjgir Champa Chhattisgarh.

... Appellant(s)

versus State Of Chhattisgarh Through Police Station Nagarda, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. N.K. Malaviya, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A.

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

08.01.2026

1. Heard Mr. N.K. Malaviya, learned counsel for the appellant. Also heard Mr. Nitansh Jaiswal, learned Deputy Government Advocate for the respondent / State.

2. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 05.08.2021 passed by the learned Special Judge (Fast Track, Special Court) Sakti, District- Janjgir-Champa (C.G.) in Special Case No. 20/2019, by which the appellant herein has been convicted for offence under Section 342 r/w Section 34 of the IPC and sentenced to undergo R.I. for 06 months and fine of Rs.500/-, in default of payment of fine, to further undergo S.I. for 01 month and under Section 4 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 20 years and fine of Rs.10,000/-, in default of payment of fine, to further undergo S.I.

for 06 months.

3. Notice issued to PW-1 i.e. mother of the victim has been served, but none appeared on her behalf to contest the present appeal.

4. The prosecution story, in brief, is that between 7:00 PM on

02.02.2019, and 8:00 AM on 03.02.2019, the accused, Deepak Kumar Dhanuhar, lured the complainant behind a closed lime kiln in the village, forcibly raped her, and, along with another accused, Jeevan Lal Yadav, kept the complainant inside the lime kiln's bunker overnight. Following the complainant's report to the Nagarda police station, a case was registered against the accused under Sections 376, 34 of the Indian Penal Code, and Section 4 of the POCSO Act. During the investigation, a site map of the crime scene was prepared by the Patwari. The complainant's mother's consent was obtained and she underwent a medical examination. The accused were arrested upon finding the crime was committed. The victim's slides were confiscated. The statement of the victim was recorded under Section 164 of the Code of Criminal Procedure, the statements of the witnesses were recorded on their behalf It was recorded as stated. After investigation, a charge sheet was prepared against the accused under Section 342 of the Indian Penal Code and presented before the trial Court.

5. On framing of charges against accused Deepak Kumar alias Anand Dhanuhar under Section 04 of the Protection of Children from Sexual Offences Act 2012, sub-section 2 (g) of Section 376 of the IPC and 342/34, its contents were read out and explained to him, the accused denied the charges and claimed trial. On examination of accused Deepak under Section 313 of the Code of Criminal Procedure, when his statement was taken, he declared himself innocent, the accused expressed that he would not give evidence in his defence

6. In order to establish the charge against the appellant, the prosecution examined as many as 11 witnesses and exhibited the documents (Exs.P-1 to P-32). After appreciation of evidence available on record, the learned trial Court has convicted the accused/appellant and sentenced him as mentioned in para 1 of the judgment. Hence, this appeal.

7. Learned counsel for the appellant submits that the impugned judgment, conviction and sentence dated 05.08.2021 awarded by the trial Court is bad in law, perverse, thus liable to be set aside. The F.I.R. has not been proved by the victim and her parents