2025:CGHC:58831-DB SHOAIB ANWAR NAFR Digitally signed by SHOAIB ANWAR Date: 2025.12.08

15:49:13 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1384 of 2022 Sudhir Bawri S/o Kishan Bawri Aged About 25 Years R/o Sindurpur, Police Station - Chandankiyari, District - Bokaro, (Jharkhand)

... Appellant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Pendra, District - Gourela - Pendra - Marwahi Chhattisgarh ... Respondent(s)

(Cause title taken from CIS)

For Appellant : Shri K.P. Sahu, Advocate.

For Respondent(s) : Shri Shailendra Sharma, Panel Lawyer.

Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per, Bibhu Datta Guru, Judge

04/12/2025 By order dated 19-4-2023, this Court directed the State counsel to inform the complainant/father of victim (PW-3) regarding pendency of the appeal revealing that he can appear on the date fixed and object the prayer made by the appellant.

Today, learned State counsel would submit that the intimation regarding pendency of the appeal has already been given to the complainant.

Despite the above, no representation is made on behalf of the complainant to object the prayer.

1. This criminal appeal preferred under Section 374(2) of the Cr.P.C is against impugned judgment of conviction and order of sentence dated 02.06.2022 passed in Special Sessions Case No. 26/2021 by the learned Special Additional Sessions Judge, Pendra road, District- Gourela-Pendra-Marwahi (wrongly mentioned as District-Bilaspur) (C.G.), whereby the appellant has been convicted and sentenced as under:-

2. The prosecution case, in brief, is that on 27.08.2019 at about

12:00 midnight, the victim informed her mother that she was going to Village Andi and would return in an hour. She left the house on a bicycle but did not return. Her family members searched for her in the houses of relatives, but her whereabouts could not be traced. Suspecting that some unknown person had enticed and taken away his daughter, the victim’s father lodged a report at Police Station Pendra, on the basis of which Crime No. 298/2019 under Section 363 IPC was registered vide Ex.P/4.

3. During investigation, search was made for the victim, and on

25.06.2021, she was recovered from the custody of the accused at Village Sindurpur (Mahal), Chandan Kiari, District Bokaro, Jharkhand. The victim was medically examined. Her statement and those of other witnesses were recorded. A spot map (Ex. P-05) was prepared.

4. The accused was arrested, and the arrest memo (Ex. P-08) was prepared. For establishing the age of the victim, the Dakhil Kharij register was seized from the Principal, as per Ex. P-06.

5. During medical examination, the doctor prepared a vaginal slide of the victim and sealed her undergarment, which was handed over to the Investigating Officer through the woman constable and seized under Ex. P-18. Similarly, a semen slide of the accused was prepared and sealed during his medical examination, which was seized under Ex. P-19. All seized articles were forwarded to the Regional Forensic Science Laboratory, Bilaspur, for chemical examination. The FSL report (Ex. P-24) was received.

6. Upon completion of the entire investigation, a charge-sheet was filed against the accused for offences under Sections 363, 366, 376 IPC and Sections 4 & 6 of the POCSO Act, 2012.

7. Charges under Sections 363, 366, 376(3), 376(2)(i) IPC and Sections 5(n)(ii), 5(j)(ii) read with Section 6 of the POCSO Act were framed, which the accused denied and sought trial.

8. In his examination under Section 313 Cr.P.C., the accused denied all incriminating evidence and claimed false implication. No defence evidence was adduced.

9. The prosecution examined 11 witnesses, including the victim, her parents, school principal, medical officers, seizure witnesses, and the investigating officers.

10. The trial Court after hearing counsel for the respective parties and considering the material available on record has convicted the appell