2025:CGHC:58802-DB Digitally signed by ANURADHA NAFR ANURADHA TIWARI TIWARI Date:

2025.12.06

11:16:26 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1154 of 2022 Vijay Sidar S/o Itwari Sidar Aged About 23 Years R/o Ward No. 9, Bhatgaon, Police Station Bhatgaon, District Baloda Bazar Bhatapara Chhattisgarh. ... Appellant versus State of Chhattisgarh Through Station House Officer, Police Station Bhatgaon, District Baloda Bazar Bhatapara Chhattisgarh.

... Respondent (Cause-title taken from Case Information System)

For Appellant : Mr. Amiyakant Tiwari, Advocate For Respondent : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on board Per Ramesh Sinha, C hief Justice

04.12.2025

1. This criminal appeal filed by the appellant-accused under Section

374(2) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) is directed against the impugned judgment of conviction and order of sentence dated 20.04.2022, passed by the learned Additional District and Sessions Judge, FTSC (POCSO Act), Balodabazar (C.G.) in Special Sessions case (POCSO) No.47/2019, whereby the appellant-accused has been convicted for offence under Sections 363 and 377 of the Indian Penal Code, 1860 (for short, ‘IPC’) as well as Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and sentenced to undergo rigorous imprisonment for 03 years and fine of Rs.500/-, in default of payment of fine amount, to further undergo additional rigorous imprisonment for three months, rigorous imprisonment for 10 years and fine of Rs.500/-, in default of payment of fine amount, to further undergo additional rigorous imprisonment for one year and rigorous imprisonment for 20 years and fine of Rs.500/-, in default of payment of fine amount, to further undergo additional rigorous imprisonment for one year, respectively with a further direction to run all the sentences concurrently.

2. Learned State counsel submits that notice issued to PW-2, i.e. the victim has been served, but none has appeared on behalf of the victim to contest the present appeal.

3. The prosecution's case centers on the alleged sexual assault and kidnapping of a 12-year-old minor victim child who is described as being mentally and physically weak. The events unfolded on August 7, 2019, when the complainant, Santosh Chauhan, lodged a report detailing the traumatic experience of his nephew. The minor victim arrived home crying at approximately 3:30 PM and disclosed that about an hour earlier, while he was sitting under a neem tree in Chauhan Mohalla, the accused, Vijay alias Golu Sidar, approached him on a motorcycle under the pretext of offering him a ride. The accused subsequently transported the victim to a secluded field near Tedhi Nala on Devsagar Road. There, the accused allegedly committed an act of penetrative sexual assault, specifically by pulling down the victim's underwear, bending him down, and inserting his penis into the victim's anus, shaking it for a prolonged period until a discharge occurred. Following the assault, the accused returned the minor victim to the vicinity of the neem tree and departed, leaving the child in pain.

4. Based on this grave account, a criminal case, Crime No. 133/2019 (POCSO No. 47/2019), was registered against Vijay alias Golu Sidar under Sections 363 (Kidnapping) and 377 (Unnatural Offences) of the IPC, along with Section 4 of the POCSO Act.

5. The subsequent investigation was thorough, involving the recording of statements from the victim and other pertinent witnesses, notably the victim's statement under Section 164 of the Cr.P.C. to ensure its evidentiary strength. The investigating officer methodically documented the crime details form (Ex.P/2), preparing a panchnama and spot map (Ex.P/4) (which was also prepared by the Patwari), and ensured both the victim and the accused underwent medical examination. Crucial material evidence, including the underwear of b