2025:CGHC:14149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 50 of 2025

1 - Rohit Das Manikpuri S/o Sondas Manikpuri, Aged About 20 Years R/o Kasaniya P.S. Katghora, District Korba (C.G.).

... Appellant versus

1 - State of Chhattisgarh Through - Chowki Belgahana, Police Station Kota, District Bilaspur (C.G.).

... Respondent ___________________________________________________________

For Appellant : Mr. Vikas Kumar Pandey, Advocate For State/Respondent : Ms. Sunita Sahu, Panel Lawyer For Objector : Ms. Ankita Shriwas, Advocate ___________________________________________________________

Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board

24/03/2025

1. The appellant has filed the instant criminal appeal under Section 415(2)

of the Bhartiya Nagarik Suraksha Sanhita, 2023 questioning the judgment of conviction and order of sentence dated 12/12/2024 passed by the Additional Sessions Judge, Second Fast Track Special Court ASHUTOSH MISHRA Digitaly signed by ASHUTOSH MISHRA Date: 2025.04.12 (POCSO Act), Bilaspur, District Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No.56/2023, whereby the appellant has been convicted and sentenced as under:-

Conviction Sentence Under Section 363 of the Indian R.I. for 3 years and fine of Rs.500/- Penal Code, 1860 and in default of payment of fine additional R.I. for two months Under Section 366 of the Indian R.I. for 3 years and fine of Rs.500/- Penal Code, 1860 and in default of payment of fine additional R.I. for two months Under Section 376 (2) (j) of the R.I. for 10 years and fine of Indian Penal Code, 1860 Rs.2000/- and in default of payment of fine additional R.I. for four months

2. According to the case of prosecution, in this case, on 02/04/2023 the mother of the prosecutrix lodged a report in the Chowki Belgahana, Police Station Kota, District Bilaspur to the effect that her daughter, whose age is about 16 years, on 01/04/2023 at about 8.00 PM went out of the house for some work and thereafter did not return. Thereafter, a search was made, however, she could not be traced out. The complainant was having apprehension that some one has enticed away her daughter. Thereafter on the basis of the report lodged by the complainant an offence bearing crime No.0/2023 under Section 363 IPC against the unknown person was lodged and on the basis of the same an FIR bearing Crime No.293/2023 was lodged in the Police Station, Kota and the matter was investigated.

3. During the investigation the spot map was prepared, the statement of the mother of the prosecutrix were recorded and on 02/04/2023 the prosecutrix was recovered from the house of the present appellant in presence of the witnesses and the recovery Panchnama was prepared. The Dakhilkharij register was seized from the Headmaster of the School of the Prosecutrix, wherein the date of birth of the prosecutrix was mentioned. Thereafter, the appellant was arrested.

4. Statements of the victim and other witnesses were recorded under Section 161 of the Cr.P.C. On completion of investigation, a charge-sheet was filed against the appellant.

5. In order to bring home the offence, the prosecution examined as many as

14 witnesses. Statement of the appellant under Section 313 of the Cr.P.C.

was recorded, wherein he pleaded innocence and false implication.

6. On completion of the trial, the trial Court convicted and sentenced the appellant as mentioned above. Hence, this appeal.

7. Learned counsel appearing for the appellant contended that the trial Court has wrongly convicted and sentenced the appellant without there being any sufficient evidence available on record. He further contended that the prosecutrix and the accused knew each other and they have not stayed anywhere where the appellant could have performed the sexual intercourse with her. He would next contend that there is no eye-witness in the case and due to previous enmity the prosecutrix has lodged the false report against the appellant. He would next contend that the appellant is a young boy age