2026:CGHC:21381 Digitally AFR signed by SANTOSH SANTOSH KUMAR KUMAR SHARMA SHARMA Date: HIGH COURT OF CHHATTISGARH AT BILASPUR

2026.05.08

10:52:56 +0530 CRA No. 504 of 2005 Judgment reserved on 09.04.2026 Judgment delivered on 07.05.2026 Bodhan S/o. Sukhdayal, Aged about 22 years, Resident of Village Piparlod, Police Station Patharia, Tahsil Mungeli, District Bilaspur (CG)

... Appellant (s)

versus State Of Chhattisgarh Through Police Station Patharia, District Bilaspur (CG)

... Respondent(s)

Hon’ble Shri Justice Narendra Kumar Vyas

C A V Judgment

1. This appeal is preferred under Section 372(2) of the Code of Criminal Procedure 1973 against judgment dated 29.03.2005 passed by Second Additional Sessions Judge, (FTC) Mungeli (C.G.) in Sessions Trial No. 270 of 2004, wherein the said court convicted the appellant for commission of offence under Sections 366 and 376 of the IPC and sentenced him to undergo R.I. for 3 years and to pay fine of Rs. 500/-

under Section 366 IPC, R.I. for seven years and to pay fine of Rs. 1000/- under Section 376 IPC with default stipulations and direction to run the sentences concurrently. The trial Court has convicted both the accused persons but since the only one accused has preferred the appeal, therefore, this Court is examining the case of the present appellant only.

2. Case of the prosecution, in brief, is that Head Constable Padum Das Verman (PW-10) received the information of missing girl who has left the house without informing to anybody thereafter, he registered missing report No. 2 of 2004 at Police Station Pathariya wherein father of the victim stated that on 06.02.2004 after taking meal his daughter went to sleep in other room with his daughter-in-law, he along with his son was sleeping in another room. At about 3 PM, in the night, his daughter-in-law informed her husband that victim without informing to anybody has left the house. Thereafter, FIR No. 35 of 2004 under Section 363 and 366 IPC was registered against the appellant and the matter was investigated.

3. During investigation, it is revealed that appellant/Bodhan Sathami, allured the victim on the assurance of marriage and took her to Bhopal, Kohe- Fiza. On the said information, the Police recovered the victim from the possession of the appellant. After obtaining consent of the victim, medical examination of the victim was done (Ex.P-3A) by PW-3 Dr. Usha Suryavanshi who for determination of age of the victim has advised for radiologist. Vaginal slides of the victim were prepared and sent to FSL for examination (Ex.P-18). The accused was also subjected to medical examination vide Ex.P-8 by Dr. D.R. Singharul. Regarding date of birth of the victim, certificate was issued by the Headmaster of the School (Ex.P- 2) was produced by the prosecution wherein her date of birth was mentioned as 08.09.1990. The Police arrested the appellant and recovered the victim from his possession. Subsequently, offence under Section 363, 366, 376, 420, 368, 120 read with Section 34 IPC was also added against the appellant.

4. After completion of the investigation, charge sheet was filed before the Court of Judicial Magistrate First Class, Mungeli, who in turn committed the case to the Court of Second Additional Sessions Judge (FTC) Mungeli registered as Sessions Case No. 270 of 2004. The learned trial Court framed the charges under Section 366 and 376 of the IPC against the appellant.

5. The prosecution in order to prove the guilt of the appellant examined 12 witnesses i.e. Bhupal (PW-1), Assistant Teacher Suresh Dubey (PW-2), Medical Officer Smt. Usha Suryavanshi (PW-3), victim (PW-4), Punit (PW-5), Vimla Manhar (PW-6), Vimla Bai (PW-7), Dr. D.R. Sigraul (PW- 8), Krishna Kumar (PW-9), Padam Das Verman (PW-10), J.R. Chauhan (PW-11) and Shrawan Kumar (PW-12) and exhibited the documents from Ex.P-1 to Ex.P-18. Statement of the accused/appellant was recorded under Section 313 CrPC in which he denied the incriminating circumstances appearing against him in the prosec