2026:CGHC:8984 NAFR Digitally signed INDRAJEET by INDRAJEET HIGH COURT OF CHHATTISGARH AT BILASPUR SAHU SAHU Date: 2026.02.23 10:49:24 +0530 CRA No. 152 of 2022

1 - Golu @ Raj Marawi @ Rajkumar Marawi S/o Vijay Kumar Marawi Aged About 20 Years R/o Bhudwari Moholla, Ratanpur, Police Sation Ratanpur, District Bilaspur Chhattisgarh.

... Appellant versus

1 - State of Chhattisgarh Through Police Chowki C.S.E.B. Police Station Kotwali, District Korba Chhattisgarh.

... Respondent(s)

For Appellant : Shri Pranjal Agrawal, Advocate.

For State : Shri Ashutosh Trivedi, Panel Lawyer.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board

19.02.2026

1 The present appeal has been filed by the appellant against the impugned judgment of conviction and order of sentence dated 06.01.2022 passed by the Additional Sessions Judge (FTC)/Special Court (POCSO) Korba in Special Criminal Case (POCSO) No.30/2018 whereby the appellant has been convicted and sentenced as under :

2 Brief facts of the case are that, on 10.10.2018 a missing report, Ex.P/4 was lodged at Police Outpost, CSEB, Korba by the father of victim that his minor daughter is missing since 07.10.2018 and her whereabouts could not be traced out. During inquiry of missing person, Korba Police received an information from Delhi Police that victim is recovered at Delhi and she is kept at Child Welfare Committee at Delhi. Korba Police went to Delhi and recovered the victim on 05.11.2018 and recovery Panchnama Ex.P/16 was prepared in presence of witnesses. The victim was medically examined by Doctor at Delhi and her MLC report is Ex.P/3. While medically examining the victim, the doctor has not noticed any external or internal injury on the body of victim. Note is made in the said MLC report that police obtained the victim from her sister’s house. Girl admits the consensual non forceful sexual contact with the boy. The victim was again medially examined at District Hospital, Korba by Dr. Vineeta Rawate, PW-5, who gave her report Ex.P/9. While medically examining the victim, the doctor has not noticed any external or internal injuries on her body. Two slides of vaginal slides were prepared, sealed and handed over to police for chemical examination. With respect to age and date of birth of victim, her Progress Report Card of Class-VIII was seized vide Ex.P/6. Spot map Ex.P/7 was prepared by the police. The police also seized school register Ex.P/13 vide seizure memo Ex.P/12 and after retaining its attested true copy, the original was returned back. An unnumbered Nalisi Ex.P/5 was recorded. The appellant was arrested on 18.11.2018 and he too was sent for his medical examination to District Hospital, Korba where he was examined by PW-13, Dr. Ravikant Singh Rathore, who gave his report Ex.P/24 and found him capable to perform sexual intercourse. Vaginal slide of victim, Semen slide of appellant and his pubic heir was sent for chemical examination to regional FSL Bilaspur from where report Ex.P/26 was received. As per FSL report, in the semen slide of the appellant, sperms and semen were found, however no sperms and semen were found on the other articles.

3 The statement of witnesses under Section 161 CrPC have been recorded. Statement of victim under Section 164 CrPC were recorded. The trial court framed charge against the appellant for the offence under Sections 363, 366-A, 376(2)(n) IPC and Section5(l)/6 of POCSO Act. The appellant denied the charge and claimed trial.

4 In order to establish the charge against the appellant, the prosecution has examined as many as 14 witnesses. Statement under Section 313 CrPC of the appellant have also been recorded in which he denied the circumstances appears against him, pleaded innocence and have submitted that he has been falsely implicated in the offence.

5 After appreciation of oral as well as documentary evidence led by the prosecution, the trial Court has convicted the appellant and sentenced him as mentioned in opening para of this judgment. Hence this appe