2025:CGHC:57980 Digitally s R i U gn K e H d S b A y R NAFR RUKHSARBANO BANO Date:

2025.12.04

13:16:55 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 556 of 2005

1 - Jitendra Kumar Naurang, S/o Santu @ Santosh Naurang, Aged About 18 Years, R/o village Kurud P.S. Palari, Distt. Raipur (CG).

... Appellant versus

1 - State Of Chhattisgarh, Through Station House Officer, Police Station Pallari, District Raipur (CG).

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

For Appellant : Mr. Anjay Mishra, Advocate appears on behalf of Mr. Vivek Rathore, Advocate For Respondent / State : Mr. Shailesh K. Puriya, Panel Lawyer.

Hon'ble Shri Justice Naresh Kumar Chandravanshi Judgment on Board

28/11/2025

1. Heard.

2. This criminal appeal has been preferred by appellant under Section

374(2) of the Code of Criminal Procedure, 1973 (for brevity ‘Cr.P.C.’) challenging the judgment of conviction and order of sentence dated 02.07.2005 passed by the learned Second Upper Sessions Judge, Baloda Bazar, Chhattisgarh (henceforth referred to as ‘trial Court) in Sessions Case No.370/2004, whereby the appellant / accused has been convicted for the offence punishable under Section 376 of the Indian Penal Code, 1860 (for short “IPC”) and sentenced to undergo RI for 7 years with fine of Rs.500/- and in default of payment of fine, 6 months’ additional RI.

3. The Case of the prosecution, in brief, is that on 09.09.2004 at about

11.00 am, while the victim (PW-1) was pouring water on the vegetables in her kitchen-garden (Badi / Bayara), the appellant arrived there, took her to heap of straw, threw her beside it and committed rape upon her. After the incident, the victim informed her sister and other relatives, based on which, an un-numbered FIR (Ex.P-16) was lodged by her against appellant for the offence under Section 376 of the IPC at Police Outpost Gidhpuri, Police Station Palari. During the course of investigation, the victim was medically examined by Dr. Sunaina Behra (PW-4), in which, vide MLC report (Ex.P-4), she did not find any visible injury on the person of victim, hence, she could not opine that rape was committed with her or not. However, she prepared vaginal slides of the victim and handed over the same along with victim’s petticoat to the concerned police station for FSL examination. On the same day i.e. 10.09.2004, the appellant/accused was also medically examined by Dr. B.S. Dhruw (PW-9), who opined vide MLC report (Ex. P-10) that the report of appellant is positive. Statements of witnesses under Section 161 of the Cr.P.C. were recorded. A numbered FIR was registered in police station Palari against appellant. Saree & petticoat of the victim were seized vide seizure memo Ex.P-1, spot maps (Ex.P-3 & Ex. P-9) were prepared by the police and patwari respectively, underwear and pubic hair of the appellant were seized vide seizure memo Ex.P-6 & Ex.P-12 respectively. Vaginal slides and pubic hair of the victim were seized vide seizure memo Ex.P-13, the appellant was arrested. FSL report (Ex.P-22) pertaining to the vaginal slides, pubic hair and petticoat of the victim, and underwear and pubic hair of the appellant was obtained, in which, semen and human spermatozoa have been reported to be found in the petticoat (Article ‘A’) and vaginal slides (Article ‘B1’ & ‘B2’) of victim. After completion of the investigation, a charge sheet for the offence punishable under Section 376 of the IPC was filed against the appellant before the Judicial Magistrate First Class, Baloda Bazar, who committed the case to the Sessions Judge, Raipur, thereafter, it was transferred for trial to the Upper Sessions Judge, Baloda Bazar, who conducted trial.

4. Learned Second Upper Sessions Judge framed charge under Section

376 (1) of the IPC against appellant, who abjured the guilt and entered into trial.

5. So as to bring home the charge, the prosecution examined as many as

13 witnesses and exhibited 22 documents, statement of the appellant/ accused under Section 313 of the Cr