2026:CGHC:18097-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1602 of 2024 Vishnu Prasad Dhidhi S/o Shri Sakha @ Shakha Dhidhi, Aged About 31 Years R/o Village-Murethi, P.S.-Mandir Hasaud, Tahsil And District-

Raipur (C.G.)

... Appellant(s)

versus State of Chhattisgarh Through- S.H.O., P.S.-Kharora, District- Raipur (C.G.)

...Respondent(s)

(Cause-title taken from Case Information System)

For Appellant : Mr. Ravindra Sharma, Advocate.

For Respondent/State : Mr. Sourabh Sahu, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice .

21.04.2026

1. Heard Mr. Ravindra Sharma, learned counsel for the appellant.

Digitally signed by BRIJMOHAN BRIJMOHANMORLE Also heard Mr. Sourabh Sahu, learned Panel Lawyer, appearing for the MORLE Date:

2026.04.23 +0530 State/respondent.

2. Though the matter is listed today for hearing on I.A. No. 1 of 2024 (application for suspension of sentence and grant of bail), however, considering that the appellant has been in custody since 02.09.2021, and with the consent of learned counsel for the parties, the appeal is taken up for final hearing.

3. Learned State counsel submits that notice issued to the father (PW-2) of the victim has been duly served; however, no one has appeared on behalf of the victim to contest the present appeal.

4. The present criminal appeal, preferred under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is directed against the impugned judgment of conviction and order of sentence dated 05.07.2024 passed by the learned Additional Sessions Judge First Fast Track Special Court (POCSO Act), Raipur, District Raipur (C.G.) (for short, ‘learned trial Court’) in Special Session (POCSO) Case No. 203 of 2021, whereby the appellant has been convicted and sentenced as follows:

5. The prosecution case, in brief, is that on 31.08.2021, at Police Station Kharora, District Raipur, the father (PW-2) of the victim lodged a report stating that his younger daughter, the victim (PW-1), whose date of birth is recorded as 28.05.2005 and whose age was approximately 16 years, 03 months, and 03 days, had left the house on 30.08.2021 at about 12:00 midnight without informing any family member and had not returned thereafter. Despite making earnest efforts to trace her at the houses of relatives and acquaintances, her whereabouts could not be ascertained. The complainant expressed suspicion that some unknown person had enticed and abducted his minor daughter. On the basis of the said report, a missing person report was registered at Police Station Kharora, District Raipur, and subsequently, FIR No. 357/2021 was registered under Section 363 of the IPC, and investigation was set into motion.

6. During the course of investigation, a spot map of the place of occurrence was prepared. A requisition was forwarded to the Tahsildar concerned for preparation of a site plan. The father of the victim produced the Class V progress report card of the victim, which was seized in the presence of independent witnesses. Upon requisition, the Headmaster of the victim’s school (PW-4) produced the admission- discharge register, which was also seized in accordance with law. A certified copy of the relevant entry was prepared after due comparison with the original record and was taken on record, while the original register was returned to the concerned authority on Supurdnama.

7. The victim was subsequently recovered in the presence of witnesses, and a recovery panchnama (Ex.P/1) was prepared. Her statement under Section 161 of the Cr.P.C. was recorded, and her statement under Section 164 of the Cr.P.C. was also recorded before the learned Magistrate (Ex.P/5). The victim was produced before the Child Welfare Committee, where her counselling was conducted, and thereafter she was handed over to her father. Statements of other prosecution witnesses were recorded during investigation. Upon obtaining due consent from the victim and