2025:CGHC:56144 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 296 of 2005 Krishna, S/o Dadiram Dehare, Aged about -23 years, R/o. Sukhatal, Police Chowki Dadhi, Police Station – Nawagarh, District – Durg (C.G.)

... Appellant Versus State Of Chhattisgarh, Through : Police Chowki Dadhi, Police Station – Nawagarh, District – Durg (Chhattisgarh)

... Respondent {Cause title, as taken from Cause Information System}

For Appellant : Mr. Dashrath Kushwaha, Advocate For Respondent/State : Mrs. Mukta Tripathi, Panel Lawyer (Hon’ble Mr. Justice Naresh Kumar Chandravanshi)

JUDGMENT ON BOARD

18.11.2025

1. This criminal appeal has been preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (henceforth, Cr.P.C.) challenging judgment of conviction and order of sentence dated 07^th March, 2005 passed by Upper Sessions Judge, Bemetara, Durg (now District Bemetara) in Sessions Case No. 261/2004, whereby the learned Sessions Judge has convicted the appellant for the offence under Section 376 of the IPC and sentenced him to undergo rigorous imprisonment for seven years and pay fine of Rs.1,000/-, in default of payment of fine, to undergo additional rigorous imprisonment for three months. [Fine amount has already been deposited].

2. Case of the prosecution, in brief, is that minor victim and appellant were resident of same vilage. On 13.8.2004, when victim had gone to attend nature's call alongwith her elder sister, then appellant abducted her on the pretext of marriage with the help of his friend and took her to village Singhanpuri where he kept her in the house of his niece ( Bhanji) for about 4-5 days and on the pretext of marriage appellant sexually exploited the victim, thereafter, he took her to Raipur and village Bundeli, where he took her in the house of his relatives and repeatedly sexually exploited her. PW-3 Father of victim (PW-1) lodged FIR (Ex.P-5) against appellant at Out Post Dadhi, Thana Navagarh, District Durg against the appellant for offences under Sections 363, 366 & 376 of IPC. The victim was recovered from the possession of the appellant from the house of Sampatlal at village Bundeli on

5.9.2004 vide recovery memo ( Ex.P-10).

3. After recovery, statement of the victim and other witnesses were recorded by the Police, in which, she revealed that appellant abducted her on the pretext of marriage and sexually exploited her repeatedly for the said period. Birth / Death Report Form (Ex.C-1) of victim was seized from the then village Kotwar Kanwal Singh {Court witness} vide seizure memo (Ex.P-6). Undergarments {Janghiya & petticoat} were seized from victim (PW-1). Her medical examination was conducted by Dr. Rajshree Devdhar (PW-11), in which, vide MLC report (Ex.P-12) dated 6.9.2004, no external or internal injuries were found on the person of victim, therefore, she collected two vaginal slides of victim and handed over the same to concerned Constable for its chemical examination. She also suggested ossification test of victim for determination of her age, which was conducted by Dr. A.K. Sahu (PW-10), in which vide his report (Ex.P-3) dated 8.9.2004, he opined that age of victim was about 16 years at the time of incident. Spot map was prepared by the Patwari & Police vide Ex. P-4 & P-14, respectively. Underwear (Janghia) of appellant/accused was also seized from him vide seizure memo (Ex.P-7). Vaginal slides of victim was also seized vide seizure memo (Ex.P-11). After completion of usual investigation, charge-sheet for the offence under Section 363, 366 (A) & 376 of IPC was filed against the appellant before Additional Chief Judicial Magistrate, Bemetara.

4. Upper Sessions Judge, Bemetara, (C.G) framed charges against the appellant for the offences under Sections 363, 366 & 376 of IPC, which were read over and explained to the appellant, who abjured the guilt and claimed trial.

5. So as to hold appellant/accused guilty, the prosecution examined as many as 13 witnesses and exhibited 20 documents. Statement of the appellant/ac