2025:CGHC:61514 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 647 of 2022 Upendra Yadav S/o Ramji Yadav, Aged About 27 Years R/o Patpar, Baghel Nagar, P.S. Bhatapara Shahar, District Baloda Bazar Bhatapara (Chhattisgarh)

... Appellant versus State Of Chhattisgarh Through The Police Station City Kotwali, District Baloda Bazar Bhatapara Chhattisgarh ... Respondent For Appellant : Mr. Parth Kumar Jha, Advocate For Respondent/State : Ms. Anuradha Jain, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Judgment on Board

17.12.2025

1. This criminal appeal has been preferred against judgment of conviction and order of sentence dated 28.3.2022 passed by First Upper Sessions Judge (FTC), Baloda Bazar, Distt. Baloda Bazar-Bhatapara (henceforth referred as ‘trial Court’) in Case No.06-2019 (CNR NO.CGBB01- 000061-2019), whereby the appellant has been convicted and sentenced in the following manner:-

Digitally signed by BINI BINI PRADEEP PRADEEP D 20 a 2 te 6 : .01.02

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2. The case of the prosecution, in brief, is that on 13.9.2017, victim/ prosecutrix made written complaint (Ex-P/3) in Police Station City Kotwali, Baloda Bazar, alleging therein that in the year 2011, she and the appellant were residing in the quarters of Ambuja Cement Factory, Village Revan. On 03.12.2011, when she was alone in her house, the appellant came there and sexually exploited her. When she told him that she would inform about the incident to her family members, the appellant proposed to marry her. Thereafter, on the pretext of marriage, the appellant sexually exploited her till 2017. When the victim asked the appellant to marry her, he would say that his family members are not ready for an inter caste marriage. Ultimately on 22.4.2017, the appellant refused to marry her, therefore, written complaint (Ex-P/3) was made by the victim, based on which, FIR (Ex-P/4) was lodged in Police Station Baloda Bazar Distt. Baloda Bazar-Bhatapara. During the course of investigation, statement of the victim under Section 164 CrPC was got recorded from concerned Judicial Magistrate vide Ex-P/7, spot map (Ex- P/5) was prepared, the victim was medically examined by Dr. Neha Gangeshri (PW-1), she prepared two vaginal slides of the victim, which were seized by the police vide Ex-P/8. The appellant was arrested on 22.12.2017 vide Ex-P/11. The appellant was also medically examined by Dr. Abhijit Banerjee (PW-6), in which he reported positive vide his report (Ex-P/9). After completion of investigation, charge sheet for the offence under Sections 376 & 506 IPC was filed before the Chief Judicial Magistrate, who committed the case to the Sessions Judge. Thereafter, the case was transferred to First Upper Sessions Judge, Baloda Bazar for its trial.

3. The learned First Upper Sessions Judge framed charges under Sections 376 and 506 IPC, against the appellant, who denied the charges and claimed for trial.

4. In order to bring home the guilt of the appellant/accused, the prosecution has examined as many as 09 witnesses and exhibited 12 documents along with Articles Ex-C/1 & C/2. Statement of the appellant/ accused under Section 313 CrPC was recorded, in which, he denied all the incriminating circumstances appearing against him and pleaded innocence.

He has also examined himself in his defence.

5. The trial Court upon appreciation of oral and documentary evidence available on record, vide its judgment dated 28.3.2022, finding evidence adduced by the prosecution trustworthy, convicted and sentenced the appellant/accused, as has been mentioned in the opening paragraph of this judgment, against which this appeal has been filed by him.

6. Learned counsel for the appellant submits that at the time of the incident, the victim was an adult lady studying in the College, thus, she was very well aware of her well beings. He further submits that in the year 2011, both parties were living with their parents at Ambuja Cement Factory colony, Revan, and were neighbours. Therefore, they met occasio