2025:CGHC:57640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2376 of 2023 Pratham Kumar @ Pushpendra Nayak S/o Shri Mahendra Nayak Aged About

19 Years R/o Aamapara, Nigam Colony, P.S. Azad Chowk, Raipur (C.G.)

... Appellant versus State Of Chhattisgarh Through Police Station Azad Chowk, District : Raipur, Chhattisgarh ... Respondent (Cause title, as taken from Case Information System}

For Appellant : Mr. Akash Sahu, Advocate.

For Respondent : Mr. Pratik Tiwari, Panel Lawyer.

(Hon’ble Mr. Justice Naresh Kumar Chandravanshi)

Order on Board

26/11/2025

1. This criminal appeal under Section 374(2) of the Cr.P.C. has been preferred by the appellant/accused against the judgment of conviction and order of sentence dated 09.11.2023 passed by the Fourth Upper Sessions Judge, Raipur (C.G.) (henceforth referred to as ‘trial Court’) in Sessions Case No. 40/2022, whereby the learned trial Court, after holding the appellant guilty, convicted and sentenced him in the following manner:-

Conviction Sentence Under Section 307 of the Rigorous Imprisonment IPC for 10 years and fine of Rs.500, in default of payment of fine, to undergo additional RI for one month Under Section 25 (1) (1- Rigorous imprisonment [k) ([k) of the Arms Act, for one years and fine of 1959 Rs.500, in default of payment of fine, to undergo additional RI of one month.

Under Section 27 (1) of Rigorous imprisonment the Arms Act, 1959 for three years and fine of Rs.500, in default of payment of fine, to undergo additional RI of one month.

All the sentences were directed to run concurrently.

2. Case of the prosecution, in brief, is that PW-2 -mother of the victim – Rahul Soni (PW- 1) lodged FIR (Ex.P-2) against the appellant at Police Station Azad Chowk, Raipur, District Raipur alleging therein that appellant called victim Rahul Soni (PW-1) and took him behind Hanuman Temple, abused him and threatened to kill him by saying that victim has taken his mobile phone, thereafter, appellant assaulted victim on his left thigh and buttock near rectum with intention to kill him. Victim had sustained injuries on his left thigh and buttock – perianal region. Hearing the victim's scream, her mother reached the spot, thereafter, appellant fled from the spot. MLC (Ex.P- 20) of victim was conducted by Dr. Vidhi Tembhunikar (PW-8). The victim was admitted in Dr. B.R. Ambedkar Memorial Hospital, Raipur for 13 days. Spot map was prepared. Medical documents were collected by the Police. Statement of the witnesses were recorded. The memorandum statement (Ex.P-6) of the appellant was recorded, on the basis of which, at his instance, the knife was seized vide seizure memo (Ex.P-7). Plain soil and blood stained soil were seized.

3. After usual investigation, charge-sheet for the offences under Section 294, 506B, 323, 324 & 307 of the IPC and Sections 25 & 27 of the Arms Act was filed against the appellant before Judicial Magistrate First Class, Raipur.

4. Learned 4^th Upper Sessions Judge, Raipur framed charges under Sections 294, 506 (part-II), 307 of the IPC and Section 25 & 27 of the Arms Act against the appellant, who abjured the guilt and entered into trial.

5. In order to prove the guilt of the appellant/accused, the prosecution has examined as many as 8 witnesses and exhibited 22 documents in support of his case. Statement of the accused/appellant was recorded under Section 313 of the Cr.P.C., in which he denied all the incriminating circumstances appearing against him in the evidence of prosecution case and pleaded his innocence and false implication in crime in question.

Appellant has examined one witness in his defence.

6. After completion of trial, learned Upper Sessions Judge has convicted and sentence the appellant, as has has been mentioned in opening paragraph of the judgment. Against which, instant appeal has been preferred.

7. At the outset, learned counsel appearing for the appellant/accused submits that he is not pressing this appeal as regards conviction part of the impugned judgment and would