2025:CGHC:14299-DB AFR ASHOK SAHU HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by ASHOK SAHU Date: 2025.03.29 11:41:06 +0530 CRA No. 1218 of 2017 {Arising out of judgment dated 09.05.2017 passed in Special Sessions Trial No.86/2015 by the learned Fifth/ Special Additional Sessions Judge (F.T.C.) Durg}

Kamal Narayan Sarthi, S/o. Ranjit Singh, Aged About 25 Years, R/o. Village Silhari, Police Station- Lohara, Police Station- Saharpur, District Kawardha, Chhattisgarh. At Present Near Khilendra Kirana Shop, Mangal Bazar, Chhawni, Police Station- Jamul, District Durg Chhattisgarh.

... Appellant versus State Of Chhattisgarh, Through The District Magistrate, Durg, District Durg, Chhattisgarh.

... Respondent (Cause Title taken from Case Information System)

For Appellant : Ms. Nirupama Bajpai, Advocate For Respondent : Mr. Sharad Mishra, Panel Lawyer (Division Bench)

Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (25.03.2025)

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellant under Section

374(2) of Cr.P.C. is directed against the impugned judgment dated 09.05.2017, passed by the learned Fifth/ Special Additional Sessions Judge (F.T.C.) Durg in Special Sessions Trial No.86/2015, by which the appellant herein has been convicted for offences under Sections 302 & 376(A) of I.P.C. and Section 5(l)(m)(r) & 6 of the POCSO Act and sentenced as under :

Section 5 (l)(m) : Life imprisonment and (r) & 6 of the fine of Rs. 1000/- in POCSO Act.

default of payment of fine, 3 months' additional rigorous imprisonment.

All the sentences to run concurrently.

2. Case of the prosecution, in brief, is that on 22.05.2015, at

3:00 to 5:00 P.M., in a room situated at Nanda Industrial Area, Mangal Bazar, Police Station- Jamul, District Durg, the appellant herein aggravated penetrative sexual assault to the minor victim and thereafter, committed her murder by strangulation and thereby committed the aforesaid offences. On the same day i.e. 22.05.2015 at 5:15 P.M., FIR was lodged against unknown person vide Ex.P-1 by uncle of the deceased Omprakash Tiwari (PW-1). Merg Intimation was registered vide Ex.P-5, Nazari Naksha was prepared vide Ex.P-3, Inquest was conducted vide Ex.P-7 and dead body of deceased was subjected to post-mortem, which was conducted by Dr. P. Akhtar (PW-19), who proved the post-mortem report vide Ex.P-43, according to which, cause of death was stated to be asphyxia due to strangulation and as per the statement of the Doctor, death was homicidal in nature. Pursuant to memorandum statement of the appellant (Ex.P-17), his underwear & T-shirt were seized vide Ex.P-18. The chocolate rapper was seized from the spot vide Ex.P-9 and the vaginal slides of the deceased and her clothes were seized vide Ex. P-12, which were sent for chemical examination to FSL along- with other seized articles and as per FSL report (Ex.P-42C), blood was found on the slides i.e. Article- H and human blood was found on the shirt i.e. Article-I and stains of human sperm were not found on the seized articles. After due investigation, appellant was charge-sheeted for the aforesaid offences before the jurisdictional criminal court, which was ultimately committed to the Court of Sessions for hearing and disposal in accordance with law, in which, the appellant abjured his guilt and entered into defence stating that he has not committed any offence and he has been falsely implicated.

3. In order to bring home the offence, prosecution examined as many as 19 witnesses and exhibited 43 documents and the appellant-accused in support of his defence has examined only two witness DW-1 & DW-2, but not exhibited any document.

4. The trial Court, after appreciation of oral and documentary

evidence on record, convicted the appellant herein for the

aforesaid offences and sentenced him as mentioned in the opening paragraph of this judgment against which the present appeal has been preferred.

5. Ms. Nirupama Bajpai, learned c