2026:CGHC:11697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 53 of 2023 Dulare Prakash Vishvakarma S/o Late Ramkumar Vishvakarama Aged About

23 Years R/o Karbala, Kundrubadi, P.S.-City Kotwali, District-Dhamtari (C.G.)

... Appellant versus State of Chhattisgarh Through P.S.-Hirri, District-Bilaspur (C.G.)

... Respondent For Appellant : Mr. G.V. Kutumba Rao, Advocate For Respondent/State : Mr. Shubham Bajpai, Panel Lawyer.

Digitally signed by ABHISHEK ABHISHEK SHRIVAS Hon'ble Shri Ramesh Sinha , Chief Justice SHRIVAS Date:

2026.03.17

11:11:50 +0530

Order on Board

11.03.2026

1. It transpires from the order-sheet dated 03.05.2023 passed by a Coordinate Bench of this Court that the victim along with her father was present before the Court and, upon being asked, they expressed no objection to the suspension of sentence and grant of bail to the appellant. Further, as per the order-sheet dated 22.08.2023, the victim and her father were again present before the Court and on that day, the father of the victim submitted that the victim and the appellant had solemnized their marriage before the Arya Samaj, however, he expressed that he is not aware as to whether the appellant would keep the victim with him after being released on bail. Therefore, he sought some time to verify the same from the appellant. On the request made by the father of the victim, the case was adjourned for further consideration of I.A. No. 01/2023.

2. The case has been listed today before this Court for hearing on I.A. No.

01 of 2023, which is an application for suspension of sentence and grant of bail. However, with the consent of learned counsel for the parties and considering the period of detention already undergone by the appellant, the appeal is heard finally.

3. In view of above, I.A. No. 01 of 2023 stands disposed of.

4. This criminal appeal arises out of the judgment of conviction and order of sentence dated 05.12.2022 passed by learned ASJ/ 1^st FTSC (POCSO Act), District – Bilaspur (C.G.) in Special Sessions Case No. 74/2019 whereby the appellant has been convicted and sentenced in the following manner:

5. The prosecution story, in brief, is that the complainant / victim’s father resides with his family at the place mentioned in the First Information Report, i.e., Police Aarakhi Kendra – City Kotwali, Bilaspur, and he has three children. On the date of the incident, i.e., 14.03.2019, his minor daughter/victim, aged 17 years, who was studying in Class 11, had gone to school at about 12:00 PM, but did not return. When inquiries were made among nearby people and relatives and the victim could not be traced, on the same date the complainant/victim’s father lodged an oral report, on the basis of which a missing person report (Gum Insan No. 09/19, Rojnamcha Sanha No. 50/19) was registered at Police Aarakshi Kendra – City Kotwali regarding kidnapping of his minor daughter/victim by an unknown person from her lawful guardianship. Thereafter, FIR No. 88/21 under Section 363 of the IPC was registered against an unknown person.

6. During the course of investigation, statements of the victim’s parents and her friends Kumari Durgeshwari and Rupbai were recorded as per their narration and documented. On 15.03.2019, the Investigating Officer visited the place of occurrence and prepared the spot map (Nazri Naksha) as per the information provided by the victim’s father and mother. A photocopy of the victim’s Class 10 marksheet was seized after comparison with the original and prepared under seizure memo. A memorandum was sent to the In-charge, Cyber Cell, Bilaspur seeking call detail records and location details of mobile numbers and the hard copies of the call details received were annexed to the case diary.

7. On 12.05.2019, the police along with the victim’s father, brother, and sta constable Jyoti Tiwari went to Village Devbahal, Police Station Khariar, Odisha, and recovered the victim from the possession of the accused in the presence of witnesses, and a recovery memo was