2025:CGHC:57766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2244 of 2025

1 - Rishabh Vishwakarma S/o Vikram Vishwakarma Aged About 21 Years R/o Village - Semra, Police Station - Podi, District -

Manendragarh-Chrimiri-Bharatpur (C.G.)

... Appellant(s)

versus

1 - State Of Chhattisgarh Through The Station House Officer, Police Station - Podi, District - Manendragarh-Chrimiri-Bharatpur (C.G.)

... Respondent(s)

For Appellant (s) : Shri Anil S.Pandey, Advocate For Respondent/State : Ms. Binu Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma )

Judgment on Board

27/11/2025 With the consent of the parties, the matter is heard finally.

2. Challenge in this appeal is to the judgment of conviction and order of sentence dated 16.10.2025 passed by the learned Additional Sessions FTSC(POCSO), Manendragarh,District Koriya (CG) in Special Criminal Case (POCSO) No. 15/2024 whereby the appellant has been convicted for the offence under Section 366 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 and sentenced him to undergo RI for three years with fine of Rs. 500/- u/s. 363 and to undergo RI for 10 years with fine of Rs. 2000/- u/s. 4 of the POCSO.

Both the sentences are ordered to run concurrently.

3. The prosecution case, in brief, is that on 04.12.2023, the father of the prosecutrix lodged a missing report at Police Station Podi stating that his minor daughter, aged about 17 years, had left home on 03.12.2023 at around 09:30 a.m. for Silai Centre, Barkasur, but did not return till late night. Despite search amongst relatives and acquaintances, her whereabouts could not be traced. On the basis of the said report, Crime No. 170/2023 was registered initially for the offence under Section 363 IPC against unknown persons (Ex. P-7). During investigation, the prosecutrix was recovered from the custody of the appellant. Her statement was recorded, wherein she alleged that the appellant had allured her on the pretext of marriage and had taken her to Raipur and thereafter to Jagdalpur, where she was kept in hotels and later in a factory room. She further alleged that the appellant repeatedly committed forcible sexual intercourse with her against her will.

4. On the basis of the statement of the prosecutrix, offences under Sections 363, 366, 376(2)(n) IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 were added against the appellant. The memorandum and seizure proceedings were conducted in accordance with law. The recovery panchnama of the prosecutrix was prepared (Ex. P-5) and she was handed over to her father. Her statement under Section 164 CrPC was recorded (Ex. P-2). Spot maps were prepared (Ex. P-3, Ex. P-4, Ex. P-8). Seizure memos of clothes and articles were prepared (ExP-9, Ex. P-10, Ex. P-11). The prosecutrix was medically examined after obtaining consent from her father (Ex. P- 1). Vaginal slides and undergarments were seized and sealed in the presence of witnesses (Ex. P-29). The appellant was also medically examined and his samples were collected (Ex. P-30). The seized articles were sent for chemical examination through proper channel to the Forensic Science Laboratory. The chemical examination reports were received and placed on record as Ex. P-35 and Ex. P-38.

5. During investigation, the age of the prosecutrix was verified by collecting school records including admission register and scholar register, which were seized and proved through the concerned school authorities (Ex. P-14, Ex. P-15, Ex. P-16). As per the said documents, the. prosecutrix was below 18 years of age on the date of alleged incident. The appellant was arrested during investigation and intimation of arrest was given to his family members (Ex. P-31 and Ex. P-32). After completion of investigation, charge-sheet was filed before the competent court, from where the case was committed to the Special Court for trial. The appellant abjured his guilt, pleaded innocence and claimed trial.

6. In order to bring home the charg