VISHAKHA BEOHAR Digitally signed NAFR by VISHAKHA BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1580 of 2019 Judgment Reserved on 08.07.2025 Judgment Delivered on 23.07.2025

1 - Suraj Kujur S/o Paskal Kujur Aged About 24 Years R/o Sakin Kamtara, Police Station Kunkuri, District Jashpur, Chhattisgarh. 2 - Suresh Ram S/o Late Asmu Ram Aged About 27 Years R/o Sakin Kamtara, Police Station Kunkuri, District Jashpur, Chhattisgarh. 3 - Deepak Ekka (Deleted) As Per Honble Court Order Dated 22-04-

2025.

... Appellants versus

1 - State Of Chhattisgarh Through Police Station Kunkuri, District Jashpur, Chhattisgarh.

... Respondent For Appellant No.1 : Mr. Ashok Swarnkar, Advocate For Appellant No.2 : Ms. Aakanchha Vishwakarma, Advocate on behalf of Mr. A.N.

Pandey, Advocate For Respondent/State : Ms. Nand Kumari Kashyap, P.L.

Division Bench Hon'ble Smt. Justice Rajani Dubey, J. &

Hon'ble Shri Justice Amitendra Kishore Prasad, J.

C A V Judgment

Per, Amitendra Kishore Prasad, J.

1. In this appeal filed under Section 374(2) Cr.P.C., the appellants No.1 & 2 have challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 30.08.2019 passed by the Special Judge, Jashpur, District Jashpur, C.G. {Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989} (for short, ‘the Act, 1989’), in Special Criminal Case under the SCST Act No.15/2017, whereby and whereunder the appellants stand convicted for the offence under Sections 376(2) (I)(L) & 376 (D) of Indian Penal Code (in short, ‘IPC’) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and considering the provisions of Section 42 of the POCSO Act, appellant Nos. 1 & 2 have been sentenced as under:-

2. During the pendency of this appeal, appellant No. 3 – Deepak Ekka has died. Therefore, the appeal in respect of appellant No.3 stands abated.

3. The prosecution's case, in brief, is that the victim, who is deaf and dumb, aged about 15 years, and had studied up to Class 4 in Primary School, Ambikapur, experienced a deterioration in her health on 10.06.2017. Thereafter, she was admitted to Kunkuri Hospital, where the doctor informed the complainant that she was five months pregnant. Upon being asked, the victim communicated through gestures that the accused- Suraj Kujur, had taken her to his house and committed forcible sexual intercourse with her. Thereafter, on 9.07.2017, the victim's mother lodged a written report (Ex.P-21) at Police Station Kunkuri against the accused- Suraj Kujur, pursuant to which FIR (Ex.P-22) was registered. Subsequently, when the victim's mother made inquiries through gestures, the victim informed her, through gestures and in writing, that accused persons namely Suresh Kujur, Suresh Ram, and Deepak (now deceased) of village Karmatar had committed forcible sexual intercourse with her. After obtaining a consent letter from the victim's mother (Ex.P-23), the victim was sent for a medical examination, which was conducted by Dr. Sangeeta Tirkey (PW-2). After conducting the examination, she opined that the victim had engaged in intercourse, leading to her pregnancy, which was approximately 4-5 months along, and the age of the fetus in the womb was 16-21 weeks. (PW-2) Dr. Sangeeta Tirkey advised a sonography to ascertain the correct age of the unborn baby and noted that the victim is deaf and dumb and gave her MLC report vide Ex.P-5.

4. During the investigation, a spot map was prepared (Ex.P-1). The accused persons were taken into custody (Exs.P-30 & 33, respectively) and were also sent for medical examination, where Dr. C.K. Sai (PW-8) examined them and found that they were capable of performing intercourse. Vide Ex.P-11C, a copy of the Dakhil Kharij Register was seized, where the victim's date of birth was mentioned as 21.01.2002. Vide Ex.P-19, the victim's caste certificate was seized. Vide Ex.P-24, a progress report card for the year 2014-2015 was seized, where her date of birth