2025:CGHC:14760-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR INDRAJEET SAHU Date: 2025.04.15

12:59:04 +0530 CRA No. 751 of 2024

1 - Mohd. Sajid Ali S/o Sheikh Saheb Ali Aged About 27 Years R/o Near Talab, G-Cabin, Sirsa Road, Old Bhilai, District- Durg, Chhattisgarh.

... Appellant Versus

1 - State of Chhattisgarh Through S.H.O., Police Station- G.R.P, Bhilai, District- Durg, District- Durg, Chhattisgarh.

... Respondent For Appellant : Shri Vedant Bhelonde, Advocate.

For State : Shri Shashank Thakur, Dy. Advocate General.

Hon’ble Shri Ramesh Sinha, CJ &

Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board

27.03.2025 Per, Ramesh Sinha, CJ.

1. Notice issued to victim was duly served upon her mother, however none appears to submit/object the appeal/application for suspension of sentence and grant of bail. Though, the matter was listed for orders on suspension of sentence and grant of bail, however, with the consent of parties, the matter is heard finally.

2. Challenge in this appeal is the judgment of conviction and order of sentence dated 13.03.2024 passed by the Additional Sessions Judge, 4^th FTSC, Durg, in Special Criminal Case (POCSO) No.10/2023, whereby the appellant has been convicted for the offence under Section 376(2)(n) of IPC and Section 6 of POCSO Act and sentenced to undergo RI for 20 years and fine of Rs.5000/-, in default of payment of fine, additional RI for one year.

3. Brief facts of the case are that, on 16.12.2022 the victim PW-1 lodged a written complaint, Ex.P/1 to Police Station Bhilai-3 stating that in the month of March, 2021 her brother met with a road accident whose treatment was going on at DKS Hospital, Raipur where his friends used to visit to meet him. The present appellant is also one of his friend. When her brother discharged from hospital, the appellant started visiting her house and developed intimacy with her. He took her mobile number and started talking with her. He developed physical relationship by saying that he loves her. He also took her nude photo and video. With the lapse of time, he became possessive and started threatening her that if she talks to any other person, her obscene photo and videos would get viral in mobile phone. Due to said act of the appellant, she changed her mobile number, but he uploaded her obscene video and photos through his Instagram ID. She came to know about this fact from her friends. On the basis of said written complaint, an FIR Ex.P/2 was registered against the appellant for the offence under Section 376 IPC, Sections 67 and 67-A of the Information Technology Act, 2000, and Sections 4 & 6 of POCSO Act. The victim was sent for her medical examination to the Govt. Hospital, Bhilai-3, where Dr. Babeeta Saxena, PW-11 medically examined her and gave report Ex.P/21. While examining the victim, the doctor did not notice any external injuries over her body and opined that no definite opinion can be given regarding forcible sexual intercourse. She was also referred for her USG test for confirmation of any pregnancy and also referred to Radiologist for determination of her age. Two slides of her vaginal swab were prepared, sealed and handed over to the police for chemical examination. She was radiologically examined by Dr. B.N. Dewangan, DW-1 who opined her radiological age in between 17 to 18 years and gave his report Ex.D/2.

4. With respect to age and date of birth of the victim, the police seized Mark sheet of Class-VIII of victim vide seizure memo Ex.P/6. School register from Jyoti Vidyalaya, English Medium Higher Secondary School Charoda has also been seized vide seizure memo Ex.P/16 in which the date of birth of victim is mentioned as 10.09.2005. The numbered FIR Ex.P/22-A was registered at Police Station Bhilai for the offence under Section 376 IPC, Section 67 & 67-A of Information Technology (Amendment) Act, 2008 and Section 4 & 6 of the POCSO Act. One mobile phone having SIM No.916267058673 was seized from victim vide seizure memo Ex.P/6. Spot map Ex. P/8