2026:CGHC:20646-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR BRB A HABJAEL NNU ADRRKAAR DsBRB D21+ i 08 A HA i a g 0 g 2: t Bn 5 JA 0 i e E 6 t 3 eL 6 N : a . N d 0 U 0: l A 0 D 5 by 8 R . R y 0 KA 4 AR CRA No. 839 of 2025 Pankaj Sharma S/o Shri Ramraj Sharma Aged About 32 Years R/o Permanent Address House No. BD 25 Ward No. 4 South Jhagarkhad Kalri New Ledri Badi Dafai District Koriya (C.G.) Present Address Professor Colony Raipur Distt Raipur (C.G.)

... Appellant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Mahila Thana Raipur Distt Raipur (C.G.)

... Respondent For Appellant : Mr.Avinash Chand Sahu, Advocate For Respondent : Mr.Ashish Shukla, Additional Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Ravindra Kumar Agrawal, Judge Per Ramesh Sinha, CJ

4/5/2026

1. Though this criminal appeal has been listed for hearing on I.A. No.

03/2026, which is an application for grant of temporary bail on the ground that the appellant’s 8-year-old daughter, namely Sakshi Sharma, is suffering from typhoid fever, severe anemia (+++), a fatty liver, and symptoms such as fever and vomiting, this Court, considering the fact that the appellant has been in jail since 08.04.2025 and also taking into account the medical grounds, proceeds to hear the appeal finally.

2. The criminal appeal arises out of the judgment of conviction and order of sentence dated 08.04.2025 passed by the Special Judge under SC & ST (P.A.) Act, Raipur, District Raipur in Special Criminal Case No.08/2024, whereby the appellant has been convicted and sentenced in the following manner :

3. The prosecution story, in brief, is that on 28^th August, 2023, the victim (PW-10) submitted a written complaint to the police station Azad Chowk, Raipur, stating that she is a resident of Mandakala, Police Station Hasaud, District Janjgir. In 2014, while on duty at the hospital, Bilaspur, for her B.Sc. Nursing degree, she met the present appellant, a resident of Raipur and studying engineering. A year after her acquaintance with the accused / appellant, in 2015, the appellant told her that he loved her and wanted to marry her and make her his wife. The victim replied that she belonged to the Satnami caste, to which the accused / appellant replied that it did not matter to him. From then on, the victim and the accused continued to meet and visit each other. For the first time, the accused / appellant took her to his rented house in Brahmanpara, Raipur, and had sexual intercourse with her, promising to marry her and keep her as his wife. After this, the accused / appellant repeatedly visited the victim's residences, took her to various hotels, and had physical relations with her and physically exploited her. Whenever the victim spoke to the accused / appellant about marriage, he would deceive her and promise to marry her, thus convincing her.

4. The victim has also written in her written report that about 6 months ago the accused / appellant had married another girl and on complaining, he again told her that he should also marry her. He had physical relations with the victim for the last time on 14.08.2023 by coming to Jamuna-Jageshwar Hostel, near Chandu Kirana Store, Lily Chowk Purani Basti Sampur and by taking the victim into confidence that he would make her his wife, she was physically exploited and now the accused / appellant is refusing to marry the victim. The accused / appellant exploited the victim by establishing physical relations with her by deceiving her into marriage. The above written complaint of the victim was sent to Women Police Station Raipur for appropriate action, on which Crime No. 103/2023 was registered by Women Police Station Raipur and after completing the investigation in the case, the charge sheet was presented before the competent criminal Court.

5. The accused / appellant was charged under Section 376 (2) (n) of the Indian Penal Code, 1860 (hereinafter called as “IPC) and Section 3(2) (v) of the Scheduled C