2025:CGHC:56487-DB Digitally signed by AVANISH KUMAR PATHAK Date: NAFR

2025.11.24

18:52:56 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 812 of 2022 Kushal @ Beta S/o Late Ram Khelawan Aged About 19 Years R/o Uktwar, Police Station Janakpur, District : Koriya (Baikunthpur), Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Kota-

dol,, District : Koriya (Baikunthpur), Chhattisgarh ... Respondent For appellant : Mr. Anil Gulati, Adv.

For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer Hon’ble shri Ramesh Sinha, Chief Justice Hon’ble Shri Naresh Kumar Chandravanshi, Judge Judgment on Board Per Naresh Kumar Chandravanshi, J.

20/11/2025

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 8-4-2022 passed by the Upper Sessions Judge, FTSC (POCSO), Manendragarh, Distt. Koriya (CG) (henceforth referred to as ‘Special Judge’) in Special Criminal Case No. 34/2021, whereby the appellant has been convicted under Sections 450 and 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (henceforth referred to as ‘POCSO Act’) and sentenced as under :-

Conviction Jail Sentence Fine Default under Section Sentence stipulation

450, IPC RI for 5 years Rs. 500/- RI for 1 month

4, POCSO Act RI for 20 years Rs. 500/- RI for 1 year Both the substantive jail sentences were directed to run concurrently.

The appellant has also been convicted for offence under Section

376 of the IPC, but he has not been sentenced separately for the same in view of provision of Section 42 of the POCSO Act, as he has already been sentenced for the similar offence under Section 4 of the POCSO Act.

2. The case of the prosecution, in brief, is that, on the date of incident i.e.

16-2-2021, the victim's mother had gone to work as a midwife and the victim's father had gone to graze goats. The minor victim aged about 15 years was alone at home at 9 - 10 am, the accused came to her house and asked about the victim's parents. The victim told him that her mother had gone to work as a midwife and her father had gone to graze goats, the accused, finding the victim alone, asked her to go inside the house. When the victim asked the accused to leave the house, the accused caught hold of the victim's hand and dragged her inside the house and threw her on the cot. Despite the victim's objection, the accused raped her, thereafter he fled from there. When the victim's mother returned home, she told her mother about the incident. Thereafter on 22-2-2021, she lodged FIR (Ex. P-5) against the accused under Crime No. 4/2021 at Police Station Kotadol, Distt. Koriya under sections 452, 376 of the IPC and sections 4, 6 of the POCSO Act. Spot maps vide Ex. P-1 and Ex. P-3 were prepared by the Patwari and Police respectively. Progress report of victim of Class 5^th was seized vide Ex. P-2 from mother of the victim. The appellant was arrested vide arrest memo (Ex. P-17). The victim (P.W. 2) was medically examined by Dr. Marisha Singh (P.W. 7). She prepared two vaginal slides of the victim for chemical examination. The vaginal slides, pubic hairs and underwear of the victim were seized vide seizure memo Ex. P-8. The appellant was also medically examined by Dr. Sumit Gupta (P.W. 9) and vide his report Ex. P-18, he gave his report ‘Positive’. Semen slide, pubic hairs and underwear of the appellant were seized vide seizure Ex. P-9. Dakhil Kharij register (Ex. P-12-C) of the Primary School, Naugai pertaining to the victim was seized from In-charge Head Master of the School Ramkishun Singh (P.W. 4). Seized articles were sent for chemical examination to FSL, Ambikapur, Sarguja and as per FSL report (Ex. P-22), in vaginal slide of victim (Article A-1), her panty (Article C), semen slide of appellant (Article D-1) and underwear of appellant (Article F), semen stains and human spermatozoa