2025:CGHC:58681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 51 of 2022 Vaman Joshi, S/o Tilakram Joshi, Aged About 23 Years R/o Village Torla, Police Station Gobra Navapara, District Raipur, Chhattisgarh.

... Appellant versus State Of Chhattisgarh, Through The Police Station Gobra Navapara, District Raipur, Chhattisgarh.

... Respondent For Appellant : Ms. Madhunisha Singh, Advocate For Respondent/State : Ms. Prabha Sharma, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Judgment on Board

03/12/2025

1. This criminal appeal has been preferred under Section 374(2) of the CrPC against judgment of conviction and order of sentence dated 17.12.2021 passed by Additional Sessions Judge, First Fast Track Special Court, Raipur, (CG) in Special Criminal Case No.188/2019, whereby the learned Special Judge, after holding the appellant guilty, convicted and sentenced him in the following manner:-

Digitally signed by BINI BINI PRADEEP PRADEEP Date:

2025.12.04

17:09:51 +0530

2. The prosecution story in brief is that on 28.10.2019 at about 6.30 दि(cid:2)या

pm, when the minor victim (PW-1) went to light lamp ( ) at Jaitkham Sthamb (place of worship), that time, the appellant came from behind, caught hold her hand with ill intention and pulled her braid with intention to molest her. Earlier also the appellant harassed her. Written complaint (Ex-P/1) was lodged in Police Station Gobra Navapra, Raipur, based on which FIR (Ex-P/2) was registered against the appellant for the offence under Section 354 IPC and Section 12 of the of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’). During the course of investigation spot map (Ex-P/3) was also prepared by the police. Progress report of Class-IX of the victim was seized from her vide seizure memo Ex-P/4. Spot map (Ex-P/7) was also got prepared from Patwari. Copy of Dakhil Kharij Register (Ex-P/8C) pertaining to the victim was seized from Govt. Girls Primary Schoo, Abhanpur vide Ex-P/9. Statement of the witnesses were recorded and the appellant was arrested vide Ex-P/12.

3. After completion of investigation, charge sheet was filed against the appellant for the offences under Section 354 IPC and Section12 POCSO Act before the Special Court. The learned Special Court framed charges for the offence under Section 354 IPC and Section 12 of the POCSO Act and explained to the appellant, who denied the charges and pleaded innocence seeking trial.

4. In order to bring home the guilt of the appellant, the prosecution has examined as many as 05 witnesses and exhibited 16 documents. Statement of the appellant under Section 313 CrPC was recorded, in which he denied all the incriminating circumstances appearing against him and pleaded innocence. No witnesses have been examined by the appellant.

5. The learned Special Court, after appreciation of oral and documentary evidence available on record, vide its judgment dated 17.12.2021, finding the evidence adduced by the prosecution trustworthy, convicted and sentenced the appellant/accused as mentioned in the opening paragraph of this judgment, against which, this appeal has been filed.

6. Learned counsel for the appellant submits that age of the victim (PW-1) has been proved only on the basis of Dakhil Kharij Register (Ex-P/8C) of the Primary School of the victim, but it has not been proved that on the basis of which document date of birth of the victim i.e. 28.7.2005 was recorded in the school record. Therefore, only on the basis of Dakhil Kharij Register and progress report, it cannot be held conclusively that 28.7.2005 is the actual date of birth of the victim, hence, finding recorded by the learned Special Court in this count that the victim was minor on the date of incident is perverse. She further submits that in the instant case, the prosecution has examined only 05 witnesses, no independent witness has been examined, whereas, alleged incident is said to be occurred in public place, that too on the day of Goverdhan Pooja. De