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14.01.2026 24.02.2026 -- 24.02.2026 AFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 597 of 2007  Ram Khilavan, son of Kodu Shikari, aged 50 years, R/o village – Chorha Devi, Police Station – Ratanpur, District Bilaspur (C.G.).

---- Appellant Versus  State of Chhattisgarh Through : Station House Officer, Police Station – Ratanpur, District Bilaspur (C.G.)

---- Respondent For Appellant. - Mr. Achyut Tiwari, Advocate. For Respondent - Ms. Subha Shrivastava, P.L.

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

1. This appeal arises out of the judgment of conviction and order of sentence dated 09.07.2007 passed by the Sessions Judge, Bilaspur (C.G.) in Sessions Trial No. 70/2007 convicting and sentencing the accused/appellant as under :-

2. The prosecution story, in brief, is that about four to five days prior to 02.10.2006, the prosecutrix’s husband, son, and daughter-in-law had gone to Khannaudi, Shahdol for earning their livelihood and for making and selling mats. On 02.10.2006, the prosecutrix’s grandsons, namely Ramphal, Ram Milan, and Ram Jeevan, had gone to watch Ramleela in the locality during the night. The prosecutrix had locked the door of the house and was sleeping inside. At about 9:30 p.m., someone knocked at the door. Upon being asked who it was, the accused replied that he was Ram Khilawan and that he had come to meet his uncle. The prosecutrix, believing him to be her nephew, opened the door and informed him that his uncle was not at home and had gone outside for work. Thereafter, the accused entered the house, caught hold of her hair, threw her to the ground, and pressed her neck. The accused then removed his undergarment, lifted the prosecutrix’s clothes, and committed rape upon her. After committing the act, the accused fled from the spot, leaving his undergarment behind. During the scuffle, the bangles worn by the prosecutrix were broken. The prosecutrix immediately informed her neighbours, namely Laxmin Bai Yadav, Sakharam Kewat, and the Sarpanch Bhagabali, about the incident. Subsequently, she also informed her step-son Siyaram and Rajkumar Dhobi, who was present there. As it was late at night, the report of the incident was lodged on 03.10.2006 at Police Station Ratanpur. On the basis of the said report, FIR (Ex. P/1) was registered against the accused under Sections 450 and 376 of the IPC.

3. During investigation, Sub-Inspector R.P. Sharma obtained the consent of the prosecutrix vide Ex. P/5 and permission from the Sub-Divisional Magistrate, Kota vide Ex. P/6, & sent her to Primary Health Centre, Ratanpur for medical examination vide Ex.P/7. After examination, the doctor submitted medical report vide Ex. P/15. During the course of investigation, one pink coloured petticoat and one red coloured blouse, which were produced by the prosecutrix after removing them from her person, were seized vide seizure memo (Ex. P/3). Pieces of broken bangles were seized from the place of occurrence vide seizure memo (Ex. P/4). Constable Ajay Singh No. 61 produced slide packets received from the hospital, which were seized vide seizure memo (Ex. P/2). Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. A spot map of the place of occurrence was prepared. The accused was arrested vide arrest memo Ex. P/10 and was sent for medical examination to Primary Health Centre, Ratanpur vide Ex. P/11. Dr. Anil Shrivastava examined the accused and submitted medical report vide Ex. P/16. The seized articles were sent for chemical examination to the FSL, Raipur, after obtaining permission vide application (Ex. P/12) and forwarding letter of the Senior Superintendent of Police, Bilaspur (Ex. P/13), and acknowledgement thereof (Ex. P/14) was received.

4. After due investigation, charge sheet was filed against the accused/appellant under Secti