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01.09.2025 25.11.2025 -- 25.11.2025 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 939 of 2012 Judgment Reserved on : 01.09.2025 Judgment Delivered on : 25.11.2025  Bhurulal, S/o Heeralal Satnami, aged about 60 years, R/o Kotadabri, P.S. Champa, District Janjgir-Champa (C.G.).

---- Appellant Versus  State of Chhattisgarh Through : District Magistrate, Janjgir-

Champa, District Janjgir-Champa (C.G.)

---- Respondent For Appellant. - Ms. Indira Tripathi, Advocate.

For Respondent - Mr. Afroz Khan, P.L.

Hon'bel Smt. Justice Rajani Dubey (C.A.V. Judgment )

1. This appeal arises out of the judgment of conviction and order of sentence dated 04.10.2012 passed by the Sessions Judge, Janjgir-Champa (C.G.) in Sessions Trial No. 223/2011 convicting and sentencing the accused/appellant as under :-

2. The prosecution story, in brief, is that on 18.07.2011 at around 2.00 PM, when the prosecutrix was all alone in the house and her maternal grand-mother (Nani) and sister had gone out, the accused/appellant came to her house, gagged her mouth, tide her hands with cloth (dupatta), removed clothes of the prosecutrix after tearing, lay her down on bed and committed forceful sexual intercourse with her and thereafter ran away from there. The prosecutrix somehow managed to open the nod of dupatta, came out of the house and screamed hurling abuses. At the same time, maternal grand-mother (Nani) of the prosecutrix came there, whom the prosecutrix narrated the entire incident and after that the incident was informed to Narayan (PW-6), Parshad. The report of the incident was lodged by the Prosecutrix with her maternal grand-mother in police station Janjgir Champa and an FIR (Ex.7) for the offence punishable under Sections 450 and 376 IPC was lodged against the accused/appellant on 22.7.2011. After obtaining the consent of the prosecutrix vide Ex.P-16 and due permission from the S.D.M, vide Ex.P-1, the prosecutrix was sent for medical examination on 22.07.2011 to B.D.M. Hospital, Champa vide Ex.P-9, where she was medically examined by Dr. (Smt.) Anita Shrivastava (PW-2) and gave her report under Ex.P-2 noticing following injuries/symptoms :-

(i) The prosecutrix was conscious, co-

operative, well oriented and mentally sound.

(ii) Her secondary sexual character like breasts, labia minora and majora were fully developed.

(iii) Axillary and pubic hairs were scanty developed. Her LMP was 10 days back. Her introitus were admitting two fingers with difficulty.

(iv) Hymen old ruptured. Labia minora and majora were congested. White discharge coming through introitus.

(v) Two vaginal smear slides were made and handed over to constable.

For age determination, the prosecutrix was advice for x-ray. The Doctor has opined that the prosecutrix was habitual for intercourse.

3. The vaginal slides of the prosecutrix were seized vide Ex.P-

10 and handed over to the Constable for its chemical examination. Panty, bed sheet, salwar, kurta of the prosecutrix stained with sperm like stain were seized vide Ex.P-15. According to x-ray report (Ex.P-17), Dr. R. Jitpure (PW-8) opined the age of the prosecutrix to be 15 to 17 year with two years variation on either sides. On 04.08.2011, the accused/appellant was sent for medical examination to B.D.M. Hospital, Champa, vide Ex.P-20, where he was medically examined by Dr. Manish Shrivatava (PW-10) and gave his report under Ex.P-18 opining that the accused/appellant was capable of performing sexual intercourse. Panty and full pant of the accused/appellant was seized vide Ex.P-12 from him. On 25.10.2011, seized articles i.e. bed sheet and panty were sent for its chemical examination to FSL vide Ex.P-4 and P-6. On 29.10.2011, spot map was prepared by Patwari vide Ex.P-11.

4. After due investigation, charge sheet was filed against the accused/appellant under Sections 450, 376 IPC and the ac