2025:CGHC:56534-DB MANPREET KAUR AFR MANPREET KAUR Date: 2025.11.21 17:30:15 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1323 of 2022 Prasen Kumar Bhargav S/o Rajkumar Bhargav Aged About 37 Years R/o Sakin - Kota Dabri Ward No. - 15, Champa, Ps - Champa,, District :

Janjgir-Champa, Chhattisgarh ... Appellant(s)

versus State Of Chhattisgarh Through Police Station - Gidhori - Tundra, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Pragalbha Sharma, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha, C.J .

20.11.2025

1. This criminal appeal filed by the appellants under Section 374(2)

of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 08.07.2022 passed by the learned Additional District and Sessions Judge FTSC (POCSO ACT), Balodabazar (C.G.) in Special Criminal (POCSO) Case No. 56/19, whereby the appellant has been convicted for offences punishable as under:

Conviction Sentence Fine In default of under (Rigorous payment of Section imprisonment) fine R.I. Section 450 of the 7 years Rs. 500/- 1 year IPC Section 363 of the 7 years Rs.500/- 1 year IPC Section 506-II of 1 year Rs. 500/- 1 year the IPC Section 6 of the R.I. for life Rs.1000/- 1 year POCSO Act All sentences have been directed to run concurrently.

2. Case of the prosecution, in brief, is that on 27.09.2019, at about

12:00 noon, the complainant Roopram Ratre, resident of village Gidhauri–Tundra, lodged a report stating that on the previous night of 26.09.2019, at around 9:00 p.m., he and his family members had taken dinner and went to their respective rooms to sleep. His minor daughter, aged about 11 years, was sleeping with her parents. At approximately 1:30 a.m., he was informed by his father Kaliram that the child was not in her bed. The family immediately searched the house and nearby areas but could not trace the child.

3. The complainant then informed Constable Naresh Khunte of Police Station Gidhauri, who also joined in searching for the girl. During the search, information was received that the minor girl was found near village Mudpar, within the jurisdiction of Police Station Shivrinarayan. The constable sent his nephew, Bhupendra Ratre, to bring her back. Shortly thereafter, the girl returned, and it was observed that her clothes were stained with blood. Upon being questioned, the victim disclosed that at around 1:00 a.m., an unknown person entered the house, forcibly lifted her, and carried her outside. Despite her attempts to raise an alarm, the sound was not heard by the family members because the cooler was running. The assailant allegedly covered her mouth, placed her in a capsule-type vehicle parked outside, and drove away. On the way, when she asked for water, the person gave her water to drink. He then took the vehicle towards Kera Road, Shivrinarayan, stopped at a deserted location, and subjected her to forcible sexual assault inside the vehicle. The victim alleged that the accused again committed sexual assault at another secluded location before dropping her off in a dark area and fleeing. The victim stated that she walked towards village Mudpar, where she met a person on the way and narrated the incident to him. That person took her to his house and informed the police, after which she was directed to return home. The complainant took the child, along with police personnel, to the Government Hospital at Kasdol. Following medical treatment, she was referred to the District Hospital, Baloda Bazar.

4. Based on the complaint, FIR No. 224/2019 was registered against an unknown driver of a capsule-type vehicle under Sections 363, 376, 450, and 506 IPC and Sections 4 and 6 of the POCSO Act. During investigation, on the basis of the victim’s description, information was gathered regarding bulker vehicles bearing registration numbers CG 22 J 2603