1 2025:CGHC:13020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 570 of 2025 Raju Kerketta S/o Sonsai Kerketta Aged About 26 Years R/o Village- Gaddha Dafai, Ward No.-16, Haldibadi, Chirmiri, P.S.- Chirmiri, District- M.C.B. (C.G.) ... Appellant versus State Of Chhattisgarh Through - S.H.O., Police Station- Podi, District- M.C.B. (C.G.) ... Respondent For Appellant : Shri Pushkar Sinha, Advocate. For Respondent/State : Shri Vivek Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Judgment on Board 19/03/2025 1. Today the case is listed for hearing on admission and I.A. No.1 application for suspension of sentence and grant of bail. 2. Case is admitted and with the consent of learned counsel for the parties, it is heard finally. 3. This criminal appeal filed by the appellant/accused under Section 415 (2) of B.N.S.S. is directed against the impugned judgment of conviction and order of sentence dated 05/02/2025 passed by the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.25 12:15:31 +0530 2 learned Special Judge (POCSO Act, 2012), Chirmiri, District Koriya (C.G.) in Special Criminal (POCSO) Case No.02/2023, whereby the appellant/accused have been convicted for the offence punishable under Section 12 of POCSO Act and sentenced to undergo rigorous imprisonment for 1 year and fine of Rs. 300/-, in default of payment of fine, additional rigorous imprisonment for 10 days has been awarded and under Section 323 of IPC fine of Rs.200/- has been awarded and in default of payment of fine, additional imprisonment for 5 days has been awarded. 4. Case of the prosecution, in brief, is that the complainant/victim lives with her parents and brother under the jurisdiction of Police Station Pondi, District M.C.B. Chhattisgarh. The victim filed a report at Police Station Pondi stating that she is a student of Class 9 at Government High School, Nagpur, and on 17.12.2022, at around 2:00 pm, while walking back home from school, three boys on a motorcycle (CG-15-DE-3649) followed her and passed lewd comments. One of the boys on the motorcycle grabbed her hand and arm with malicious intent, and when she resisted, he slapped her. A person named Dara, who was working in the field, witnessed the incident and chased the boys, who fled towards Pondi on their Apache motorcycle. Dara met Ramnarayan, a resident of Pondi, who informed the police. The victim then went to Pondi with her uncle and brother. The accused, Dev Singh, and his two accomplices were caught near Thana Podi, and the victim 3 identified them immediately. When questioned, she stated that the boy sitting in the middle of the motorcycle was Raj Kumar Dixit, and the boy who molested and slapped her was Raju Kerketta, sitting at the back of the motorcycle. Based on the victim's report, a case was registered at the police station. A crime was registered at Pondi Police Station under FIR No. 200/2022, under Sections 354, 354(A), 354(D), 323, 34 of the Indian Penal Code and Section 8 of the POCSO Act. 5. Learned trial court after examination of the witnesses and material available on record convicted the appellant under section 12 of POCSO Act and section 323 of IPC vide judgement dated 5/02/2025 passed in Special Criminal (POCSO) Case No.02/2023. 6. Learned counsel for the appellant submits that he does not want to press this appeal on merits and confines his argument only on sentence part. He submits that the appellant has already served about 7 months of jail sentence out of sentence of 1 year. Therefore, considering all this facts, the jail sentence of the appellant may be reduced to the period already undergone by him. 7. On the other hand, learned counsel for the State submits that the conclusion given by the trial court regarding conviction and sentence of the appellant is based on sufficient and reliable evidence, which does not require any interference, therefore, the 4 contention made by learned counsel for the appellant is not acceptable, hence the appeal may be dismissed. 8. Having gone through the material available on record and the evidence of the victim (PW-1) establish the involvement of the appellant in the crime in question. This Court does not find any illegality or infirmity in the finding recorded by the learned trial court as regards the conviction of the appellant for offence punishable under Section 12 of POCSO Act and Section 323 of IPC, which is based on evidence available on record and it is hereby affirmed/maintained. As under section 12 of POCSO Act there is no minimum sentence has been prescribed, therefore, the sentence imposed upon the appellant under aforementioned Section is hereby modified and reduced to the period already undergone by him. However, the fine amount and its default stipulations imposed by the trial court shall remain intact. 9. In the result, the appeal is partly allowed to the extent indicated herein above. 10. It is stated that the appellant is in jail. He shall be released forthwith, if not required in any other case. 11. Let a copy of this judgment be sent to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Arvind Kumar Verma) Judge gouri