2026:CGHC:9810-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 938 of 2021

1 - Balakram Baghel S/o Sukulram Baghel Aged About 19 Years, Caste Mahara, R/o Vill. Munga Kotawarpara, Thana Darbha, Distt. Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Appellant versus

1 - State of Chhattisgarh Through Aarkshi Kendra - Parpa / AJAK Jagdalpur, Distt. Bastar, Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Respondent (Cause-title taken from Case Information System)

For Appellant : Mr. Vikas A. Shrivatava, Advocate. For State : Mr. Sourabh Sahu, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

25 -02-2026

1. The present appeal under Section 374(2) of the Cr.P.C. has been filed by the appellant against the judgment of conviction and order of sentence dated 29-07-2021 passed by the learned Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short’ the SC/ST Act’)/ Special Court (POCSO Act), Bastar place Jagdalpur in Special

DMAA iOg D iHt I a LAl MK y HMsi A gEN nDed by

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Criminal Case (POCSO) No.19/2019, whereby the appellant has

been convicted and sentenced in the following manner with a direction to run all the jail sentences concurrently:-

Conviction Sentence U/s 376 of the IPC R.I. for 10 years and fine of Rs.2,000/-, in default of payment of fine additional R.I. for 4 months.

U/s 3(2)(v) of the Life Imprisonment and fine of SC/ST Act Rs.2,000/-, in default of payment of fine additional R.I. for 4 months.

2. Brief facts of the case are that, on 25-10-2019 the mother of the victim PW-2 lodged a report, Ex.P/1 to police to the effect that on 19-10-2019 when she came back to her house after her work, she could not find her minor daughter there and then they started searching her. On 21-10-2019 the friend of her daughter asked her to talk to the victim in her mobile phone and then she had contacted with her and she disclosed that she is at village Munga Tirathgarh and informed that the appellant took her with him on the pretext of marriage and committed rape upon her. On 22-10- 2019 her daughter came back to her house and informed the entire incident. The FIR Ex.-P/10 was registered for the offence under Section 363, 366A and 376 of the IPC and Section 6 of the POCSO Act. The victim was sent to Maharani Hospital Jagdalpur where she was initially medically examined by PW-29 Doctor Manisha Goyal, she gave her report Ex.-P/56. While medically examining the victim she noticed no injury on her body and opined that no definite opinion regarding sexual assault cant be given. Two slides of her vaginal swab were prepared, sealed and handed over to police for its chemical examination. Her underwear has been seized vide seizure memo Ex.-P/4. Spot map Ex.-P/5 was prepared by Patwari and Ex.-P/11 was prepared by police. The social status certificate of the victim was also seized vide seizure memo Ex.-P/12 and the copy of her social status certificate is Ex.-P/13. With respect to the age and date of birth of the victim police has seized mark sheet of class 5 of the victim vide seizure memo Ex.-P/14 and the mark sheet is Ex.-P/15. As per the mark sheet of class 5, the date of birth of the victim is 07-06-2003. The school register has also been seized by police vide seizure memo Ex.-P/30 and attested true copy of the school register is Ex.-P/31C and Ex.-P/32C. According to the school register the date of birth of the victim is also 07-06-2003. Based on school register a certificate Ex.-P/33 is also obtained from the Head Master of the school. The accused was arrested on 26-10-2019 and he too was sent for his medical examination to Medical College Dimrapal where he was medically examined by PW-17 Doctor Manoj Kumar Chandra who gave his report Ex.-P/36. While medically examining the appellant no external injuries were found on his body and it has