2025:CGHC:58800-DB MANPREET KAUR NAFR Digitally signed by MANPREET KAUR Date: 2025.12.05 11:23:03 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1201 of 2021 Pawan Puri Goswami Firangi Puri Goswami Aged About 29 Years R/o Village Athulkapa, P.S. Bilha, District Bilaspur Chhattisgarh, Present Address Village Hathmudi, P.S. Bemetara, District Bemetara Chhattisgarh.

... Appellant(s)

versus State Of Chhattisgarh Through S.H.O., P.S. Bilha, District Bilaspur Chhattisgarh.

... Respondent(s)

For Appellant(s) : Mr. Anand Kumar Gupta, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

04.12.2025

1. Heard Mr. Anand Kumar Gupta, learned counsel for the appellant. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the respondent/State.

2. This criminal appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment dated 07.09.2021 passed by the learned Additional Sessions Judge, Second Fast Track Special Court, Bilaspur, District- Bilaspur (C.G.) in Special Criminal Case (POCSO) No. 96/2019, by which the appellant has been convicted and sentenced as under :

3. Case of the prosecution, in brief, is that the victim lodged a complaint on 22.01.2019 at P.S. Bilha stating that on 22.01.2019 at about 01:00 pm, when the victim was alone in her house, at that time the appellant/accused entered into the house of the victim used the criminal force against her with intent to outrage her modesty, and committed sexual intercourse with her, thereafter 03-04 times he has committed sexual intercourse with her as a result she became pregnant and after 04-05 months of the incident, the family members of the victim asked about the physical condition of the victim, then for the first time she narrated the entire incident to her family members and lodged the complaint against the appellant/ accused. On the complaint of the victim/complainant, P.S. Bilha, Dist-Bilaspur registered the crime No.162/2019 for the offences punishable under Section 450, 376 (3) of I.P.C. and Section 5 (ठ)/6 of POCSO Act.

4. Thereafter, the P.S. Bilha recorded the statement of the victim and on the basis of the statement of the victim, registered the Crime No. 162/2019 (Ex.P-19) for the offenses punishable under Sections 450, 376 (3) of I.P.C. and Section 5 (ठ)/6 of POCSO Act. The P.S. Bilha, Dist. Bilaspur(C.G.) arrested the appellant/accused on 12.07.2019 and after completion of all investigations the Police filed the Charge-sheet before the trial court, against the accused/appellant for the offences punishable U/s 450, 376 (3) of I.P.C. and Section 5 (8)/6 of POCSO Act.

5. The learned trial court framed the charges for the offences punishable under Sections 450, 376 (3) of I.P.C. and Section 5 (L)/6 of the POCSO Act, the appellant/accused had denied the commission of offence and entered into defense.

6. In order to bring home the offence, the prosecution examined as many as 16 witnesses and exhibited 13 documents in support of case of the prosecution.

7. On being asked to enter his defence under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code of Procedure), the accused did not produce any witness in his defence and stated that he was innocent and had been falsely implicated. The accused also stated that he was falsely implicated due to a family feud and that he was married.

8. The trial Court upon appreciation of oral and documentary evidence on record and considering that it is the appellant who have committed aforesaid offence, convicted and sentenced him in the aforementioned manner, against which the appeal under Section 374(2)

of the Cr.P.C. has been preferred by the accused/appellant.

9. Learned counsel for the appellant has vehemently contended that the judgment of conviction and the sentence imposed