Digitally signed by ADITI ADITI DIWAN DIWAN KAIWART KAIWARTDate:

2025.04.03 16:41:50 +0530

2025:CGHC:14329 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 557 of 2023 [Arising out of judgment dated 15.2.2023 passed in Special Sessions Case (POCSO) No.35/2021 by the Additional District & Sessions Judge (FTSC) & Special Judge (POCSO Act), Balod, Chhattisgarh]

•

Sourav Savita S/o Rameshwar Dayal, aged about 21 years, R/o Ward No.16 Sanjay Nagar, Police Station Jaura, District :

Morena, Madhya Pradesh --- Appellant versus •

The State of Chhattisgarh through Station House Officer, Police Station Deori, District : Balod, Chhattisgarh --- Respondent (Cause-title taken from the Case Information System)

------------------------------------------------------------------------------------------

For Appellant :- Ms. Shivali Dubey, Advocate For Respondent-State :- Dr. Surendra Kumar Dewangan, Panel Lawyer ------------------------------------------------------------------------------------------

SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board

25.03.2025

1. This criminal appeal filed by the appellant under Section

374(2) of CrPC, is directed against the impugned judgment of conviction and order of sentence dated 15.02.2023, passed by learned Additional District & Sessions Judge (FTSC) & Special Judge (POCSO Act), Balod (C.G) in Special Sessions Case (POCSO) No.35/2021 (State of Chhattisgarh v. Sourav Savita and Others), whereby the Special Court while acquitting the two other co-accused persons namely Devendra @ Debu Savita and Phoolsingh @ Phoola has convicted and sentenced the appellant as under :-

All the sentences are to run concurrently.

Prosecution Story:-

2. The case of the prosecution as projected by the prosecution and accepted by the Special Court is that on 09.03.2021 at about 7:00 AM, at village Marri, Bangla within the ambit of Police Station Devri, District Balod, Chhattisgarh, the appellant abducted the minor victim (PW-01), who was less than 18 years of age at that time, from lawful guardianship of her parents and took her to Bhopal, Gwalior, Village Jaura, Muraina, M.P. and also committed sexual intercourse with her and, thereby, said to have committed the aforesaid offences.

3. The further case of the prosecution is that the said incident was reported to the Police by the father of the victim (PW-02), pursuant to which FIR was registered on 09.03.2021 at 04:15 P.M. vide Ex.P/6. The victim was recovered on 15.03.2021 from Police Station Jaura vide Bramandagi Panchnama (Ex. P/1). The victim’s statement was recorded under Section 161 of CrPC vide Ex.P/4 and under Section 164 of CrPC vide Ex.P/5. Crime details form was prepared vide Ex.P/8. The victim (PW-01) was medically examined by Dr. Sonam Netam (PW-04) vide Ex.P/2, who prepared the medical report of the victim vide Ex.P/15. As per medical report of the victim (Ex.P/15), no external or internal injuries were found over the body of the victim and also no recent sign of sexual intercourse was found. Also, vaginal slides of the victim were examined vide Ex.P/29, in which no stains of semen and human sperm were found. Dakhil Kharij register was recovered from the Head Master of her school on 16.03.2021 vide Ex.P/11 in order to ascertain her age and as per the dakhil khariz register (Ex.P/11) the date of birth of the victim is 10.02.2008 meaning thereby the victim (PW-01) was aged about 13 years 01 month.

4. The prosecution in order to prove its case examined as many as 11 witnesses and exhibited 29 documents, whereas the appellant in support of his defence has neither examined any witness nor exhibited any document. Statement of the appellant was recorded under Section 313 of CrPC in which he denied the circumstances appearing against him in the evidence brought on record, pleaded innocence and false implication.

5. The learned Special Court after appreciating the oral and documentary evidence available on record, proceeded to convict the appellant for offences under Sectio