MANPREET 2026:CGHC:10717-DB KAUR MANPREET NAFR KAUR Date: 2026.03.03 15:39:23 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1365 of 2025 Shubham Mandavi S/o Kantilal Mandavi Aged About 21 Years R/o Village Adaam Police Station Dongargaon District Rajnandgaon (C.G.)

... Appellant(s)

versus State Of Chhattisgarh Through The Police Station Dongargaon District Rajnandgaon (C.G.)

... Respondent(s)

For Appellant(s) : Mr. Rajendra Patel, Advocate For Respondent(s) : Mr. Nitansh Jaiswal, Dy. G.A.

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

02.03.2026

1. This appeal arises out of the judgment of conviction and order of sentence dated 06.03.2025 passed by the learned Special Additional Sessions Judge, Fast Track Special Court (POCSO) Rajnandgaon, District- Rajnandgaon (C.G.) in Special F.T.S.C.

(POCSO) Trial No. 58/2019, whereby the appellant has been convicted as under:

Conviction Sentence Under Section 450 of R.I. for 20 years and fine of the IPC. Rs.10,000/-, in default of payment of fine amount, additional R.I. for one year.

Under Section 506 Rigorous imprisonment for 5 years Part 2 of the IPC. and fine of Rs.2,000/-, in default of payment of fine amount, additional R.I. for 03 months.

Under Section 376(3) Rigorous imprisonment for 20 years of the IPC. and fine of Rs.10,000/-, in default of payment of fine amount, additional R.I. for 03 months.

Both the sentences were directed to run concurrently

2. The prosecution case, in brief, is that on 05.08.2019, the father of the victim lodged a written complaint at Police Station- Dongargaon stating that on 04.08.2019, at about 2:30 PM, when he and other family members had gone to their agricultural field, the accused persons entered his house. Upon checking the CCTV footage installed in his shop on the next day, he noticed that accused Shubham Mandavi had entered the house through a side door, while co-accused Gopi Ram Sahu remained outside and engaged the victim’s brother in conversation so as to facilitate the entry of the main accused.

3. On being questioned by her father, the victim disclosed that accused Shubham Mandavi had entered the house, approached her inside, and committed sexual assault upon her. It was further alleged that the co-accused assisted in the commission of the offence by keeping her brother occupied outside the house. After the incident, the accused fled from the spot in haste and allegedly left behind his slippers, which were later removed by another co-

accused in order to cause disappearance of evidence.

4. On the basis of the written complaint, FIR bearing Crime No.

259/2019 was registered initially under Sections 354 and 454 of the Indian Penal Code. During investigation, the victim’s statement was recorded by a female police officer and subsequently under Section 164 Cr.P.C. The victim was medically examined. The investigating agency prepared the spot map and seized relevant articles including the victim’s clothes, samples for forensic examination, electronic devices containing CCTV footage, and documents relating to the age of the victim.

5. Upon collection of sufficient material, the accused persons were arrested. After completion of investigation, charge-sheet was filed against accused under Sections 450, 376 and allied provisions of the IPC along with relevant provisions of the Protection of Children from Sexual Offences Act, 2012. Against co-accused Gopi Ram Sahu for abetment and allied offences and against accused Gopeshwar alias Golu under Section 201 IPC for causing disappearance of evidence.

6. The accused persons denied the charges and claimed trial.

During the course of trial, the prosecution examined 22 witnesses including the victim, her parents, medical experts, investigating officers, and other formal witnesses in support of its case.

7. After appreciation of evidence available on record, the learned trial Court has convicted the accused/appellant and sentenced h