A conviction for kidnapping and sexual assault cannot be sustained when the prosecution fails to establish that the victim was taken or enticed by force, and where the evidence consistently shows the minor voluntarily accompanied the accused and resided with them without resistance.

JUDGMENT ON BOARD

Per Ramesh Sinha, C.J.

09.04.2026

1. Today, though the matter is listed for hearing on I.A.No.01/2024, which is an application for suspension of sentence and grant of bail to the appellant, however, considering the fact that the appellant is in jail since 17.10.2022 and with the consent of learned counsel for the parties, the appeal is heard finally.

2. This criminal appeal under Section 374(2) of the CrPC is directed against the judgment of conviction and order of sentence dated 16.10.2023 passed by the Special Judge (F.T.S.C.) POCSO Act, Mungeli, District- Mungeli (C.G.) in Special Criminal Case No. 76/2022, whereby the learned trial Court has convicted and sentenced the appellant with a direction to run all the sentences concurrently in the following manner :

3. Case of the prosecution, if brief, is that on 14.09.2022, the victim's father/complainant (PW-01) appeared at the Lalpur police station and lodged a report stating that on 13.09.2022 at around 9:30 am, his daughter/victim left on her bicycle to go to school and did not return home till 5:00 pm. Then, when he inquired about the victim from his daughter's/victim's friend, she told him that the victim had not come to school and had told him that she was at her maternal uncle's village. He inquired about his daughter/victim by calling the neighbours, relatives and her maternal uncle's village, but the victim was nowhere to be found. He suspects that some unknown person has lured his daughter/victim away. On the report of the victim's father/complainant, a First Information Report (FIR) Ex.P-01 was registered against the unknown accused under Section 363 of the Indian Penal Code at Lalpur Police Station and taken up for investigation.

4. During the investigation, the victim's statement was recorded in Ex.P.-15 under Section 164 Cr.P.C. in the Judicial Magistrate Court. The spot map was prepared Ex.P.-04. The victim was medically examined by Dr. Priyadarshini (A.S.-05). After the medical examination of the victim by the doctor, the medical report Ex.P.-16 was prepared. The statements of the victim and the witnesses were recorded as per their instructions. The original school admission register was seized from Headmaster Ravindra Kumar Patre (A.S.-02) and seizure memo Ex.P.-11 was prepared. Sub-Inspector Virendra Singh Kshatriya (A.S.-07) seized two vaginal slides of the victim and the underwear of the accused in a sealed envelope and prepared seizure memo Ex.P.-21 and 22. The genitals of the accused were examined by Doctor Manilal Bhaskar (ASI-06) and genital examination report Ex.P.-17 was prepared. The articles seized in the case were sent to Forensic Science Laboratory, Bilaspur for chemical examination, from where FSL report Ex.P.-29 was received after examination. The accused was arrested in the case and arrest panchnama Ex.P.-19 was prepared. On the basis of the victim's st