2025:CGHC:59104-DB RAHUL NAFR JHA RAHUL JHA Date: 2025.12.09 HIGH COURT OF CHHATTISGARH AT BILASPUR

10:17:49 +0530 CRA No. 280 of 2017 Ashwani Kumar S/o Narayan Yadu, Aged About 25 Years R/o Kochwahi, Police Station Gurur, District Balod, Chhattisgarh., Chhattisgarh Appellant(s)

Versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Gurur, District Balod, Chhattisgarh., Chhattisgarh Respondent(s)

(Cause-title taken from Case Information System)

For Appellant(s) : Mr. B.P. Singh, Advocate For Respondent(s) : Mr. Shailendra Sharma, PL Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru , Judge

05/12/2025

1. The present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973, against the judgment of conviction and sentence dated 08/02/2017 passed by learned Sessions Judge, Balod, District Balod (C.G.) in Sessions Trial No. 53/2016 whereby the appellant has been convicted under Sections 376 & 417 of the IPC and sentenced to undergo life imprisonment with fine of Rs. 5000/- along with default stipulation & rigorous imprisonment for one year with fine of Rs. 1000/- with default stipulation, respectively.

2. Brief facts of the case are that the prosecutrix, a resident of village Chhiniri, Police Station Charama, District Kanker, was pursuing Class 12 through the Charama Open School, while the accused was an M.A. (Private) student there in the year 2014. It is alleged that the accused initially asked for her mobile number, which she refused to share, but later they began talking and developed friendship, during which the accused induced her with promises of marriage. Believing his assurances, on 11.05.2014 the prosecutrix accompanied him to Markatola, where he allegedly took her to a forested area above the valley and forcibly subjected her to sexual intercourse. In August 2015, he again took her to Kurkura Pahadi Jogi Mandir, applied vermilion on her forehead, and thereafter they continued to meet, during which he repeatedly had sexual relations with her for 2–3 years on the pretext of marriage. On 15.04.2016, the prosecutrix learnt that the accused was marrying another girl and that the invitation cards had already been printed. She then approached Rohit Yadav, Sarpanch of village Kochwahi (PW3), narrated the incident, and played the recorded conversation on her mobile. A meeting of village elders was convened, attended by the Sarpanch, the village Patel Vishnuram (PW4), and others, where the prosecutrix again narrated the events; the accused allegedly admitted before them to having a love relationship and physical relations with her but refused to marry her. Based on her report dated 17.04.2016, FIR No. 288/2016 (Ex. P-1) was registered at Police Station Gurur, following which her medical examination was conducted with consent, her underwear was seized and sent for examination (Ex. P- 5), her statement under Section 164 CrPC was recorded, and statements of other witnesses were taken. The marriage card relating to the accused’s proposed marriage with another girl, Sunita, was seized from Sarpanch Rohit Yadav (Ex. P-8), the prosecutrix’s mobile was seized (Ex. P-4), spot map and site plan were prepared (Ex. P-3), and the accused’s medical examination was also conducted with seizure of his underwear for forensic analysis; his mobile phone was seized (Ex. P-23). The accused was arrested, and necessary seized articles including medical slides were sent for chemical examination via memo Ex. P-15, for which acknowledgment (Ex. P-16) and the FSL report (Ex. P-17)

were received.

Upon completion of investigation, a charge-sheet was filed before the Court. As the accused denied the charges, the prosecution examined nine witnesses. In his statement under Section 313 CrPC, the accused denied all incriminating circumstances and claimed innocence, and he did not lead any evidence in defence.

3. After appreciation of oral as well as docume