2025:CGHC:60213-DB MANPREET KAUR NAFR Digitally signed by MANPREET KAUR HIGH COURT OF CHHATTISGARH AT BILASPUR Date: 2025.12.12 11:18:40 +0530 CRA No. 2007 of 2022 Mohamad Alam S/o Jaan Mohammad Aged About 41 Years R/o Pugmil P.S. Katkam Sandi, District Hajaribagh (Jharkhand), Present Address Dhimrapur, Ashok Vihar Colony, P.S. City Kotwali, Raigarh, District Raigarh (C.G.)

--- Appellant(s)

versus State Of Chhattisgarh Through Police Station, Kotra Road, District Raigarh (C.G.)

--- Respondent(s)

For Petitioner(s) : Mr. Ashok Kumar Verma, Sr. Adv along with Mr. Gajendra Kumar Sahu, Mr. Anmol Varma & Mr. Prakash Tiwari, Advocates For Respondent(s) : Ms. Soumya Sharma, Advocate CRA No. 2423 of 2025

1 - Yusub Sheikh S/o Moti Sheikh Aged About 42 Years R/o Baliya Police Station Sagoradih, District Mursidabad (West Bengal) Present Address Urdana Welcome Dhaba, Police Station City Kotwali, Raigarh, District Raigarh Chhattisgarh

2 - Pyarul Sheikh S/o Moti Sheikh Aged About 30 Years R/o Baliya Police Station Sagoradih, District Mursidabad (West Bengal) Present Address Urdana Welcome Dhaba, Police Station City Kotwali, Raigarh, District Raigarh Chhattisgarh ---Appellant(s)

Versus State Of Chhattisgarh Through Police Station Kotra Road, District -

Raigarh (C.G.)

--- Respondent(s)

For Petitioner(s) : Mr. Ritesh Giri and Mr. Sanjay Kumar Yadav, Advocates For Respondent(s) : Ms. Soumya Sharma, Advocate CRA No. 261 of 2023 Smt. Surbhi Sidar W/o Late Shivkumar Sidar Aged About 42 Years R/o Village Sabdega, Police Station Talsara, District Sundergarh (Udisa), Present R/o Mangaludeepa, Ila Mall Ke Pichhe, Mohit Ke Kiraye Ka Makan, Raigarh, Police Station City Kotwali Raigarh, District : Raigarh, Chhattisgarh ---Appellant(s)

Versus State Of Chhattisgarh Through Police Station Kotra Road, District :

Raigarh, Chhattisgarh --- Respondent(s)

For Petitioner(s) : Mr. Ritesh Giri and Mr. Sanjay Kumar Yadav, Advocates For Respondent(s) : Ms. Soumya Sharma, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, C.J .

11.12.2025

1. These criminal appeals filed by the appellants directed against the impugned judgment of conviction and order of sentence dated 24.11.2022 passed by the learned Special Judge (Atoricites Act), Raigarh, District- Raigarh (C.G.) in Special Criminal Case under the Atrocities Act No. 48/2020, whereby the appellants have been convicted as under:

2. The gist of the prosecution story is that after the death of the victim’s mother, her father used to beat her, due to which she left home and came to Raigarh two months prior to the incident to earn a living. There she met the accused Surabhi Sidar, who took her to her house, where the victim began working. After some days, the accused allegedly started sending the victim to work for various unknown persons, who sexually assaulted her. The victim later came to know that the accused was sending her to those persons for physical exploitation and was taking money from them. When the victim refused to continue, the accused threatened her and attempted to take her to Haryana in a truck for the purpose of trafficking. Near Raipur, the victim managed to escape and was taken by some persons to Pratigya Vikas Sansthan Open Shelter Home, Telibandha, Raipur. Upon her medical examination there, it was found that she was pregnant. She narrated the entire incident to the Superintendent, and on the basis of her written complaint, an unnumbered FIR (Crime No. 0/2020) under Sections 370, 370A, 376 IPC was registered at Telibandha Police Station against the accused Surabhi Sidar and two-three unknown persons. Her medical examination was conducted after obtaining consent, and her dark blue bloomer was seized in the presence of witnesses.

3. Since the place of occurrence fell within the jurisdiction of Kotraroad Police Station, FIR No. 208/2020 was registered there. The victim was medically examined at KGH, Raigarh, her vaginal slide and underwear wer