2026:CGHC:20623-DB Digitally signed by ANURADHA ANURADHA TIWARI NAFR TIWARI Date:

2026.05.05

10:38:18 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2188 of 2023 Accused Xyz ... Appellant versus State of Chhattisgarh Through Police Station - Kedar, District -

Sarangarh, Chhattisgarh.

... Respondent (Cause-title taken from Case Information System)

For Appellant : Mr. Manoj Kumar Sinha, Advocate For Respondent/State : Mr. Shaleen Singh Baghel, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

04.05 .2026

1. Heard Mr. Manoj Kumar Sinha, learned counsel for the appellant as well as Mr. Shaleen Singh Baghel, learned Government Advocate, appearing for the State/respondent.

2. The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) questioning the impugned judgment dated 28.10.2023 passed by the learned Additional Sessions Judge/Special Court under POCSO Act, Sarangarh, Session Division Raigarh (C.G.) in Special Criminal Case (POCSO) No.14/2022, whereby the trial Court has convicted and sentenced the appellant with a direction to run all the sentences concurrently in the following manner :-

CONVICTION SENTENCE Under Section 363 of the Rigorous imprisonment for 03 Indian Penal Code, 1860 years with fine amount of Rs.1,000/-, in default of payment of fine, additional rigorous imprisonment for 03 months.

Under Section 366 of the Rigorous imprisonment for 05 Indian Penal Code, 1860 years with fine amount of Rs.1,500/-, in default of payment of fine, additional rigorous imprisonment for 04 months.

Under Section 376(2)(n) Rigorous imprisonment for 20 and Section 376(2) of the years with fine amount of Indian Penal Code, 1860 Rs.2,000/-, in default of payment of fine, additional rigorous imprisonment for 06 months.

Under Section 376(2)(f) of Rigorous imprisonment for 20 the Indian Penal Code, years with fine amount of 1860 Rs.2,000/-, in default of payment of fine, additional rigorous imprisonment for 06 months.

Under Section 5(n) of the Rigorous imprisonment for 20 Protection of Children from years with fine amount of Sexual Offences Act, 2012 Rs.2,000/-, in default of payment

3. Learned State counsel submits that notice issued to PW-3, i.e. the father of the victim has been served, but none has appeared on behalf of the victim to contest the present appeal.

BRIEF FACTS

4. The prosecution case, in brief, is that As per the prosecution case, on 14.04.2022, a written complaint (Ex. P/01) was submitted by PW-03 (father of the victim) before the Station House Officer alleging that his minor daughter, aged about 17 years, had been enticed away by the accused, who happened to be his son-in-law and was residing in his house. It was alleged that the accused had been influencing the victim for several months, and had ultimately taken her away, asserting over phone that he would keep her as his wife and threatening the complainant. On the basis of the said complaint, First Information Report (Ex. P/02) was registered for the aforesaid offences. During the course of investigation, the spot map was prepared, and documents relating to the age of the victim, including her school progress report and admission register (Ex.

P/36C), were seized, which reflected her date of birth as 08.10.2004, thereby establishing that she was a minor at the time of the incident.

5. The victim was subsequently recovered and handed over to her father. Her medical examination was conducted pursuant to requisition (Ex. P/16), and the medical report (Ex. P/17) along with vaginal slides and swabs were collected and sent for forensic examination, the report of which is on record as Ex. P/34. The accused was also medically examined (Ex. P/14 and Ex. P/15). The statement of the victim was recorded under Section 164 of the Code of Criminal Procedure (Ex. P/25), wherein she supported the prosecution case and stated that the a