2026:CGHC:5902-DB Digitally signed SAGRIKA b A y G R SA A G W R A I L KA AGRAWAL Date:

2026.02.11

10:22:04 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 656 of 2022

1 - Pappu @ Mithilesh Manjhi S/o Ravi Manjhi Aged About 19 Years R/o Sakari, Thana- Vidhan Sabha, District- Raipur (C.G.)

... Appellant (s)

versus

1 - State Of Chhattisgarh Through- Thana Vidhan Sabha, Distt. Raipur (C.G.)

... Respondent(s)

For appellant (s) : Mr. Azad Siddiqui, Advocate For Respondent(s) : Mr. S. S. Baghel, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

03.02.2026

1. Heard Mr. Azad Siddiqui, Advocate for the appellant and also Mr.

S. S. Baghel, Govt. Advocate for the Respondent/ State.

1. The present appeal has been filed by the appellant against the impugned judgment of conviction and sentence dated 10/01/2022 passed by learned Addl. Sessions Judge, FTC (Special Court), Raipur (CG) in Special Criminal Case No. 65/2019 whereby the appellant has been convicted and sentenced in the following manner:-

2. Brief facts of the case are that the father of the victim (PW/2)

lodged a missing report on 27.03.2019 that his minor daughter is missing since 26.03.2019 and her whereabout could not be traced out. The missing report was recorded in Rojnamcha (Ex-P/7) and the inquiry started. The FIR (Ex-P/18) was registered against unknown person for the offence under Section 363 of IPC and the Police started investigation. During the investigation, the victim recovered from the possession of the appellant on 31.03.2019 and recovery panchanama (Ex-P/1) was prepared in presence of the witnesses. The victim was sent for her medical examination to District Hospital, Raipur, where (PW/4) Dr. Padmaja Dubey has medically examined her and gave her MLC report (Ex P/16). During the medical examination, no external injuries have been found on the body of the victim and opined that no definite opinion can be given about forceful recent sexual intercourse, sexual intercourse might have occurred it can be confirmed from chemical analysis of slides and cloths. Two slides of her vaginal swab were prepared, sealed and handed over to the Police for chemical examination. She was sent for counseling to Sakhivan Staff Centre and the Police obtained the counseling report (Ex-P/4). The Spot Map (Ex-P/8) was prepared by the Police and (Ex-P/12) was prepared by the Patwari. With respect to the age and date of birth of the victim, the Police has seized the school register (Ex-P/31) and after retaining the attested true copy of the same (Ex-P/31c), the original register was returned back to the school and the said school register was seized vide (Ex-P/27). The statement of the the prosecution witnesses and victim under Section 161 and 164 have also been recorded. The appellant was arrested on 01.04.2019 and he too was sent for his chemical examination to District Hospital, Raipur, where he was medically examined by Dr. S. K. Bhandari (Ex-P/3) and after examination he gave his report (Ex-P/14). After his medical examination, the doctor has found the accused is able to perform sexual intercourse. One progress report card of Class-6 of the victim has also been seized vide seizure memo (Ex-P/9). The leggings of the victim, vaginal slide of the victim and underwear of the appellant were sent for its chemical examination to FSL, Raipur, from where, report (Ex-P/30) was received and according to the FSL report, the leggings of the victim and underwear of the appellant were found to be stand with smean and sperm, but no smean and sperm were found on the vaginal slide of the victim. After completion of usual investigation, chrge-sheet was filed against the appellant for the offence under Section 363, 366, 376 of IPC and Section 6 of POCSO Act before the learned trial Court.

3. The learned trial Court has framed the charges for the offence under Sections 363, 366, 376(3) and 376 (2)(n) of IPC and Se