2025:CGHC:60857 Digitally signed by AVANISH KUMAR PATHAK AFR Date:

2025.12.16

10:35:27 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 884 of 2022 Judgment Reserved on 4-11-2025 Judgment Pronounced on 15-12-2025 Rohit Chauhan S/o Mangal Chauhan Aged About 19 Years R/o Bhupdevpur, Police Station Bhupdevpur, District : Raigarh, Chhattisgarh ... Appellant versus The State Of Chhattisgarh Through The Police Station Bhupdevpur,, District :

Raigarh, Chhattisgarh ... Respondent (Cause title, as taken from CIS)

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For Appellant : Mr. Punit Ruparel, Advocate.

For Respondent : Ms. Prabha Sharma, Panel Lawyer.

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Hon'ble Mr. Justice Naresh Kumar Chandravanshi CAV Judgement

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 20.05.2022 passed by the Additional Sessions Judge/ Fast Track Special Court (POCSO), Raigarh, District Raigarh (C.G.) (henceforth referred to as ‘the FTSC’) in Special Criminal Case Under the POCSO Act No. 63/2019 whereby the appellant/accused has been convicted and sentenced in following manner :-

Both the jail sentences were ordered to run concurrently.

2. Case of the prosecution, in brief, is that victim lodged a written complaint in the police station Bhupdevpur alleging therein that on 28.11.2019 at about 4.00 pm, when she was returning home alongwith her sister and her friend and they had reached near Datar Mazar, then all of a sudden, the appellant got down from his friend's vehicle and came towards her, restrained her saying “I Love You”, also held her hand with intent to insult her and pulled her towards him. When she asked why he was doing so, he started abusing her. At that time, victim's younger sister and her friend intervened in the matter and due to fear, they went inside the Datar Mazar. After some time, victim along with her sister and friend returned home and narrated the entire incident to her mother and, thereafter, her mother called her father and told him about the incident and then, victim along with her father came to police Station and written report (Ex.P-1) was lodged against the appellant, based on which, FIR (Ex.P-2) was registered against him under Sections 354 & 294 IPC and Section 8 of the Protection of Children From Sexual Offences Act, 2012 (henceforth referred to as ‘the POCSO Act’). Statement of the witnesses were recorded. Documents related to the age of the victim were seized. Statement of victim was recorded under Section 164 Cr.P.C. before the concerned Judicial Magistrate. Appellant was arrested. After completion of investigation, charge sheet under Sections 354, 294, 341 of the IPC and Section 8 of the POCSO Act was filed against the appellant before the concerned Magistrate.

3. Learned FTSC framed charges under Sections 354 & 294 of IPC and Section 8 of the POCSO Act against the appellant, who abjured the guilt and claimed trial.

4. So as to hold accused/appellant guilty, the prosecution examined as many as 8 witnesses. Statement of the appellant/accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution evidence, pleaded innocence and false implication. Appellant has not examined any defence witness in support of his case.

5. The FTSC, after appreciating oral and documentary evidence available on record, by its impugned judgment dated 20.05.2022, acquitted appellant for the offence under Section 294 of the IPC, but convicted him for the offence under Section 354 IPC and Section 8 of the POCSO Act and sentenced him, as mentioned in opening paragraph of this judgment. Being aggrieved and dissatisfied with the same, instant criminal appeal has been preferred by the appellant questioning the same.

6. Learned counsel appearing for the appellant would submit that, the victim has been held to be minor b