2025:CGHC:57152-DB NAFR ROHIT KUMAR HIGH COURT OF CHHATTISGARH AT BILASPUR CHANDRA Digitally signed b K y U R M O A H R IT CRA No. 1529 of 2023 CHANDRA Rupam @ Ayush Jaiswal S/o Sunil Kumar Jaiswal Aged About 20 Years R/o Village Katkona, Police Station Khadgawan, District : Koriya (Baikunthpur), Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station, Pratappur, District : Surajpur, Chhattisgarh ... Respondent (Cause-title taken from Case Information System) For Appellant : Mr. Anil Gulati, Advocate For Respondent/State : Mr. S.S. Baghel, Dy. Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

25.11 .2025

1. Heard Mr. Anil Gulati, learned counsel for appellant as well as Mr.S.S. Baghel, learned Deputy Government Advocate, learned Panel Lawyer, appearing on behalf of the State/respondent.

2. This appeal is directed against the judgment of conviction and order of sentence dated 28.03.2023 passed by the learned Special Judge (POCSO Act, 2012), Pratappur, District – Surajpur C.G.) in Special Sessions Trial No.15/2021, whereby the trial Court has convicted and sentenced the appellant with a direction to run all the sentences concurrently in the following manner :

CONVICTION SENTENCE U/s 363 of IPC RI for 01 year and fine amount of Rs.500/-, in default of payment of fine amount, additional RI for 03 months U/s 366 of IPC RI for 07 years and fine amount of Rs.1,000/-, in default of payment of fine amount, additional RI for 06 months U/s 376(2)(j)(n) RI for 25 years and fine amount of Rs.2,000/-, in default of payment of fine of IPC amount, additional RI for 03 years U/s 376(2) of IPC RI for 25 years and fine amount of Rs.2,000/-, in default of payment of fine amount, additional RI for 03 years U/s 6 of the POCSO RI for 25 years and fine amount of Act Rs.2,000/-, in default of payment of fine amount, additional RI for 03 years

3. Case of the prosecution, in brief, is that the date of birth of the victim is 16.09.2007 and on the date of incident 23.10.2021, she was a minor girl of 15 years of age. On 25.10.2021, on the basis of information given by the father of the victim regarding the victim leaving the house without informing him at 7 pm on 23.10.2021 (Ex.P-1) a missing person report was registered at Pratappur police station vide Ex.P-2 and after investigation, a First Information Report of Crime No. 232/2021 was registered under Section 363 of the Indian Penal Code, 1860 regarding the kidnapping of the victim by an unknown accused vide Ex.P-3. A mobile phone was seized from the victim's father in the presence of witnesses and a seizure memo was prepared. During the investigation, on 27.10.2021, the victim was recovered from the possession of accused Rupam alias Ayush in front of witnesses from Sunibada, Devanta Hospital, Ganeshganj Shahdol and a recovery panchnama was prepared vide Ex.P-4 and the victim was physically examined by a female doctor vide Ex.P-20 after taking consent from her and her family members vide Ex.P-13. After questioning the accused Rupam alias Ayush and the juvenile boy Ramnarayan alias Chhotu in front of witnesses, memorandum statement of accused Rupam alias Ayush was recorded vide Ex.P-6 and on the pointing out of the accused Rupam, the mobile SIM was seized and a seizure memo was prepared vide Ex.P-7 and physical examination of the accused Rupam was conducted vide Ex.P-25. After the physical examination of the victim and the accused, the sealed packets preserved by the concerned doctors, containing the accused's underwear and vaginal slide of the victim were seized by constables in the presence of witnesses, and seizure memos were prepared vide Exs. P-22 & 23 respectively. The accused were arrested vide Exs.P-11 & 12. The spot map of the incident was prepared by the Investigating Officer vide and the Patwari vide Ex.P-9 and panchnama was prepared vide Ex.P-1