2025:CGHC:12692 AFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.774 of 2021 Subhash Ekka S/o Prakash Ekka Aged About 21 Years By Caste- Uraon, R/o Village- Kunkuri, Darrapara, Police Station-Patthalgaon, District-

Jashpur, Chhattisgarh.

... Appellant versus State of Chhattisgarh Through Station House Officer- Police Station-

Patthalgaon, District- Jashpur, Chhattisgarh.

---- Respondent -----------------------------------------------------------------------------------------------

For Appellant : Mr. Amit Singh Chauhan, Advocate For Respondent-State : Ms. Laxmeen Kashyap, Panel Lawyer -----------------------------------------------------------------------------------------------

Hon'ble Shri Arvind Kumar Verma, Judge Judgment on Board

17.03.2025

1. The appellant has filed the instant appeal under Section 374 (2) of the Code of Criminal Procedure, 1973, (henceforth ‘the Cr.P.C.') questioning the judgment of conviction and order of sentence dated 11.02.2021 (Annexure A-1) passed in Special ST No.28/2019 by which the learned Special Judge, Patthalgaon, (Protection of Children from Sexual Offences Act, 2012) (henceforth ‘the POCSO'), District Jashpur (C.G.) has

Digitally

VASANTsigned by

KUMAR VASANT

KUMAR

convicted and sentenced the appellant as under:

Conviction Sentence In Default of Payment of Fine Under Section 342 of RI for 01 year and fine Additional RI for 06 the IPC amount of Rs.500/- months Under Section 376(1) RI for 10 years and fine Additional RI for 01 of the IPC amount of Rs.1,000/- year Under Section 04 of RI for 10 years and fine Additional RI for 01 the POCSO Act, 2012 amount of Rs.1,000/- year All the above sections should be served simultaneously and the punishments imposed in case of default in payment of fine should be served separately.

2. Case of the prosecution, in short, is that on 08/10/2019, victim with her mother came in the house of elder father in village Kunkuri. On 10/10/2019 at about 9:00 O'clock the victim was going for taking the water then at the same time, the appellant came out from house and forcefully hold the hand and dragging the victim, the victim crying, but no one heard and appellant took her and entered in his house and closed the house of door and appellant get down the cloth of victim and she denying herself despite of that the appellant committed forcefully sexual intercourse with the victim and also threatening her and said that he will marry with her. Thereafter, the appellant closed the victim in his house. After some time the elder father of victim heard the sound of victim and they came out from the house. The victim disclosed the mater to her elder father and mother. Thereafter, the victim/complainant lodged the report (Ex.P-9) before Police Station Patthalgaon, District Jashpur and police has investigated the matter and registered the Crime No.219/2019 for an offence punishable under Sections 376(1), 342 of IPC and Sections 4, 5 of the POCSO Act against the appellant.

3. The Court of Special Judge (Protection of Children Patthalgaon from Sexual Offences Act, 2012) Jashpur, District Jashpur (C.G.) has framed the charge against the appellant.

4. In order to establish the charge against the appellant, the prosecution has examined as many as 15 witnesses. Statement of the appellant was also recorded under Section 313 Cr.P.C., in which he denied the charge levelled against him and stated that he is innocent and has been falsely implicated in the case. After appreciation of evidence available on record, learned trial Court has convicted the appellant and sentenced him as mentioned in paragraph one of this appeal. Hence, this appeal.

5. Learned counsel for the appellant has argued that the prosecution has failed to prove the case against the appellant beyond reasonable doubt. There is no legally admissible evidence with regard to the age of the prosecutrix that on the date of incident she was minor and less than 18 years of age. In absence of examination of author of the School Admission