1 2025:CGHC:38029 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 936 of 2024 Inderpal Singh S/o Shivlal Singh Aged About 28 Years R/o Patel Para Barkela Police Station Manendragarh, Dist Manendragarh- Chirmiri-Bhratapur,(M.C.B.) Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through - P.S. Manendragarh, Dist Manendragarh-Chirmiri-Bhratapur,(M.C.B.) Chhattisgarh. ... Respondent For Appellant : Mr. Mohit Kumar Advocate For Respondent : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 01/08/2025 1 The present appeal has been filed challenging the judgment of conviction and order of sentence dated 24.01.2024 passed by learned Additional Session Judge FTSC (POCSO) Manendragarh, District Koriya (C.G.), in Special Criminal Case No.23/2023 whereby the appellant has been convicted and sentenced as under : Digitally signed by BHOLA NATH KHATAI Date: 2025.08.04 10:24:08 +0530 2 Conviction Sentence U/s 452 of IPC R.I. for 1 year with fine of Rs.500/-, in default of payment of fine, additional R.I. for 1 month. U/s 354 of IPC R.I. for 2 years with fine of Rs.500/-, in default of payment of fine, additional R.I. for 1 month. U/s 8 of POCSO Act R.I. for 3 years with fine of Rs.500/-, in default of payment of fine, additional R.I. for 1 month. 2 The case of prosecution, in short, is that on 08.04.2023, the victim's father had gone to Mendradol to work and her mother had gone to her maternal-grandmother’s house in Dashgatra program and the victim was alone at home. At around 3:00 p.m. the accused, in a state of intoxication, entered the victim's house and finding her alone, tried to outrage her modesty. When the victim raised an alarm, her aunt who was nearby grazing goats arrived at the scene, then the accused fled from there. Based on the written complaint made by the victim, FIR was registered at Police Station Manendragarh under Crime No.153/2023 against the appellant for the aforementioned offences. 3 So as to hold the appellant guilty, the prosecution has examined as many as 9 witnesses and exhibited 19 documents. The statement of the appellant was also recorded under Section 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case 4 After appreciation of the oral and documentary evidence available on record, vide impugned judgment, learned trial Court convicted and sentenced the appellant for the offence as mentioned in para-1 of this judgment. Hence, the 3 present appeal. 5 Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in this case. He submits that there is no evidence available on record to show that the appellant had committed the said act. He submits that the medical examination report of the victim does not support the prosecution case. As such, the prosecution has not been able to prove its case against the appellant, therefore, prays for acquitting the appellant of the said charges by setting aside the impugned order. 6 Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the counsel for appellant and submits considering the nature of offence, the appeal deserves to be dismissed. 7 Heard learned counsel for the parties and perused the record. 8 Having gone through the material available on record and the statements of the victim (PW-2), her aunt (Bua) (PW-9) who is said to be the eye witness, Headmaster Vishnu Singh Shyam (PW-5) and the birth certificate of the victim Ex.P-12, the involvement of the appellant in the crime in question is clearly established. This Court does not see any illegality in the findings recorded by the Trial Court regarding conviction of the appellant for the offence punishable under Sections 452, 354 of IPC and Section 8 of POCSO Act. 9 As regards sentence, the trial Court has already awarded the minimum sentence of 3 years under section 8 of POCSO Act. Hence, the sentence imposed upon the 4 appellant appears to be just and proper and does not require any interference. 10 Thus, the appeal being devoid of merit deserves to be and is accordingly dismissed. 11 Record of the trial Court along with a copy of this judgment be sent back forthwith for necessary action, if any. A copy of the judgment may also be sent to the concerned Jail Superintendent wherein the appellant is suffering the jail sentence. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai