2025:CGHC:14932 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 422 of 2020

1 - Vishu Matlam S/o Rajnu Matlam Aged About 20 Years R/o Mahlapara Pankhajur, Police Station Pankhajur, District Uttar Bastar Kanker, Chhattisgarh., District :

Kanker, Chhattisgarh ... appellant versus

1 - State Of Chhattisgarh Through Aarkshi Kendra Pankhajur, District Uttar Bastar Kanker, Chhattisgarh., District : Kanker, Chhattisgarh ... Respondent(s)

For appellant : Ms. Sameeksha Gupta, Advocate For Respondent(s) : Mr. R. S. Marhas, Addl. Advocate General S.B. Hon’ble Ravindra Kumar Agrawal, Judge

Order On Board

27.03.2025.

1. The present criminal appeal has been filed by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973, against the impugned judgment of conviction and sentence dated 30/01/2020 passed by learned Special Judge (Protection of Children from Sexual Offence Act, 2012) Bhanupratappur, Dist- North Bastar Kanker, in Special Criminal Case (POCSO Act) No. 04/2019 whereby the appellant has been convicted and sentences in the following manner:-

S. Conviction Sentence No.

1. U/s 366 of IPC R.I. for 3 years and fine of Rs. 100/- in default of payment of fine 1 month additional R.I.

3 U/s 6 of POCSO Act. R.I. for 10 years and fine of Rs. 5000/- in default of payment of fine 6 months additional R.I.

both the sentences shall run concurrently.

2. Brief facts of the case are that the mother of the victim (PW/1) has lodged a written complaint (Ex-P/1) to the Police on 26.12.2018 with the allegation that one year back when she had gone to Pakhanjur to earn her livelihood, her daughter introduced with the appellant and he started calling on her mobile phone and took her with him and kept her in his house on the pretext of marriage. The appellant kept her daughter for about 7-8 months and made physical relation with her, despite her protest. When she insisted for marriage, she thrown her from his house. On the written complaint made by the mother of the victim (PW/1), the FIR (Ex-P/2) was registered against the appellant for the offence under Section 363, 366 and 376 of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act”). The victim was recovered on 26.12.2018 and Recovery Panchnama (Ex-P/4) was prepared in presence of the witnesses. The victim was sent for her medical examination to Civil Hospital, Pakhanjur where Dr. Shonali Vaishnav (PW/6) has medically examined her and gave her medical report (Ex-P/16). During her medical examination, no external injuries have been found on her body and the Doctor has opined that she was carrying pregnancy as her urine pregnancy test is found positive and for confirmation of the age of the gestation, she advised for USG test. Two slides of her vaginal swab were prepared, sealed and handed over to the Police for its chemical examination. Spot map (Ex-P/3) was prepared by the Police and (P/16) was prepared by the Patwari. With respect to the age and date of birth of the victim, the school register has been seized from Primary School Kandari vide seizure memo (Ex- P/14) and after retaining its attested true copy, the original register was returned back to the school. The appellant was arrested on 27/12/2018 and he too was sent for his medical examination to Civil Hospital Pakhanjur, where (PW-8) Dr. Dilip Kumar Sinha has examined him and gave his report (Ex-19). After his examination, the appellant was found to be capable to perform sexual intercourse. The semen slides of the victim, her underwear and semen slide and underwear of the appellant were sent for chemical examination to Regional FSL, Jagdalpur, from where Report (Ex-P/29) was received and according to the FSL report, the underwear of the victim, her vaginal slide, underwear of the appellant and semen slide of the appellant were found to be stained with semen and sperm. The statement under Section 161 of the witnesses have been recorded and Statement under Section 164 of the victim has als