1 CRA No.972/2023 2025:CGHC:43511-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 972 of 2023 1 - Santosh Rajak S/o Rajkumar Rajak Aged About 29 Years Resident of Ward No. 14, Ramnagar Kota, P.S. Kota, District - Bilaspur Chhattisgarh. 2 - Kishan Lal S/o Ruplal Markam Aged About 70 Years Resident of Ward No. 14, Ramnagar Kota, P.S. Kota, District - Bilaspur Chhattisgarh. ... Appellants versus State of Chhattisgarh Through - Station House Officer, Police Station Kota District - Bilaspur Chhattisgarh ... Respondent For Appellants : Mr. Rishi Rahul Soni, Advocate For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru, Judge 28.08.2025 This criminal appeal filed by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 27/03/2023, passed by the learned Additional Sessions Judge (FTC), Bilaspur, C.G. in Sessions Case No.128/2019, whereby the appellants/accused have been convicted for the offence and sentenced as under:- AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.09.02 10:43:02 +0530 2 CRA No.972/2023 Conviction Sentence Under Section 376 (घ) of the IPC Life imprisonment till natural death and fine of Rs.10,000/-, in default, additional R.I. for 4 months each 1. Facts of the case, in brief, is that on 30.06.2019 the prosecutrix, aged about 39 years, lodged an oral report at Police Station Kota, District Bilaspur, that she is a resident of Village Jhalapara and engaged in daily wage labour. Her husband is a rickshaw puller and earns his livelihood. She had obtained a loan from the Women’s Committee, Kota, the installment of which was due on the 2nd day of every month. As she did not have sufficient money to pay the installment, she approached before A-2 for a sum of 1,000/-, whereupon he told her that he would hand over the ₹ money upon the arrival of A-1. Thereafter, she returned to her house. At about 10:00 p.m. on the same day, A-1 came to her on a motorcycle and informed her that A-2 had called her to hand over the money. On such pretext, he made her sit on the motorcycle and took her to A-2. At that time, A-2 came out of his house and stated that he would give the money later. Then, both the appellants took the prosecutrix on the motorcycle to Village Amali, where they purchased water pouches, disposable glasses, and liquor. Thereafter, they proceeded towards Village Billiband. When the prosecutrix enquired as to where they were taking her, the appellants asked her to remain quiet and assured her that the money would be given further ahead. Near the forest of Billiband, 3 CRA No.972/2023 both the appellants stopped the motorcycle at the roadside, consumed two quarter bottles of Goa liquor, and also forcibly administered liquor to the prosecutrix. Thereafter, despite her resistance, both the accused committed forcible sexual intercourse with her against her will. During the course of incident, she sustained injuries on her head and on both her knees, and in the scuffle, her blouse was torn. After committing the said act, both the appellants left her in the forest and absconded from the spot. The prosecutrix somehow managed to come out of the forest to the roadside, where she stopped one person and requested him to drop her at her residence, and accordingly, she was dropped at her house. Subsequently, she reported the matter to the police and the FIR vide Ex.P-9 was registered against the appellants. Crime details form was prepared vide Ex.P-11. The appellants were arrested vide Ex.P- 14. Medical examination of prosecutrix was conducted vide Ex.P- 1. After completing the investigation, final report was prepared. 2. The trial court has framed charges against the appellants for the aforementioned offence and the appellants abjured their guilt and pleaded innocence. 3. In order to establish the charge against the appellants, the prosecution examined as many as 12 witnesses. The statement of the appellants under Section 313 of Cr.P.C. were also recorded in which they denied the material appearing against them and 4 CRA No.972/2023 stated that they are innocent and they have been falsely implicated in the case. After appreciation of evidence available on record, the learned trial Court has convicted the accused/appellants and sentenced them as mentioned in para 1 of the judgment. Hence, this appeal. 4. Learned Counsel appearing for the appellants would submit that the appellants are innocent and have been falsely implicated in the present case. He further submits that prosecutrix herself went to the appellants for taking money and thereafter, she had gone with the appellants on the motorcycle by her own will. The appellants have not forcibly put the prosecutrix on the motorcycle and there are various contradiction and omissions between the statement of prosecution witnesses. There is no eyewitness in the case, as no one has seen the appellants committing the alleged offence. The prosecutrix has made false complaint against the appellants based upon the false and baseless allegation without any specific reason. As such, the criminal appeal deserves to be allowed and the impugned judgment deserves to be set aside. 5. On the other hand, learned counsel for the State opposes the submissions made by the learned counsel for the appellants and submits that the prosecution has proved its case beyond reasonable doubt the learned trial Court after considering the material available on record has rightly convicted and sentenced the appellants, in which no interference is called for. 5 CRA No.972/2023 6. We have heard the learned counsel for the parties and perused the record with utmost circumspection. 7. PW-1, Dr. Renuka Samual, who conducted the medical examination of the victim and submitted a report vide Ex.P-1, in which, she found the following injuries and given opinion:- External Examination: Multiple linear abrasions measuring approximately 1 to 3 cm in length were found on the right shoulder, parallel to each other, spread over an area of about 3 cm. A second abrasion measuring about 1.5 x 1 cm was noted on the right arm. The third abrasion was of very small size, located at the root of the index, middle, and little fingers on the left wrist. The fourth abrasion, also of very small size, was present on the outer aspect of the left wrist. The fifth abrasion, measuring about 1.5 x 2 cm, was found on the outer aspect of the right knee. The sixth abrasion, measuring about 1.5 x 2 cm, was observed approximately 5 cm away from the fifth injury. The seventh abrasion, measuring about 0.5 x 2 cm, was present above the right knee. The eighth abrasion was noted on the inner aspect of the great toe of the right foot. All the aforesaid injuries were reddish-brown in colour with surrounding erythema. Internal Examination: A very small abrasion was found on the lower midline of the genitalia at the 6 o’clock position, which was reddish-brown in 6 CRA No.972/2023 colour. The remaining external parts of the genitalia appeared healthy. The internal portion of the genitalia was also found to be healthy. Remnants of old, healed hymenal tears were present. Two fingers could be easily admitted into the vaginal canal. From the internal genital tract, two vaginal smear slides were prepared. Opinion: The above injuries sustained by the prosecutrix are simple in nature, caused by a hard and blunt object, and were approximately 24 hours old at the time of examination. 8. (PW-12) victim stated in her evidence that she is engaged in daily wage labour. There exists a women’s self-help group by the name Sangam Group in Kota. She had initially obtained a loan of 20,000/- from the said group, which she duly repaid. Thereafter, ₹ she availed another loan of 38,000/-, which she was repaying in ₹ installments, though the entire amount had not been cleared. As she was in need of further money, she approached A-1 for financial assistance. A-1 then took her in his vehicle to Ramnagar Mill, where paddy cutting was in progress, with the intention of taking her to A-2. However, A-2 was not found there, then A-1 took her to Amali, where accused A-2 was present. Both the appellants thereafter made her sit on a motorcycle and took her to some unknown area. On the way, upon reaching a forest area, she questioned the appellants to where they were taking her, stating that she was not familiar with that route. She further 7 CRA No.972/2023 warned that unless they stopped the vehicle, she would jump off. At this, the appellants stopped the vehicle, which was being driven by A-1. After halting, both the appellants consumed liquor and also compelled her to consume the same. When she stated that she intended to return home, both the accused persons threw her to the ground, threatened to kill her, and when she attempted to flee, they caught hold of her and committed rape upon her. The prosecutrix further deposed that in the said incident, she sustained injuries on both her knees and on the elbow of her right hand. Somehow, she managed to free herself and reached the road, where she encountered an unknown person, who escorted her to her home. 9. Medical examination of the appellants were conducted by Dr. Sandeep Dwivedi PW-2 and submitted following reports:- Report of A-1: External Examination – The pubic hair of the accused was fully developed, and on stimulation of the penis, erection was observed. Opinion – The accused Santosh Rajak was found to be capable of performing sexual intercourse. His pubic hair was collected. The pubic hair and underwear were sent for FSL examination. No semen-like substance was detected on his inner garments. Report of A-2: 8 CRA No.972/2023 External Examination – The pubic hair of the accused was fully developed, and on stimulation of the penis, erection was observed. Opinion – The accused Santosh Rajak was found to be capable of performing sexual intercourse. His pubic hair was collected. The pubic hair and underwear were sent for FSL examination. No semen-like substance was detected on his inner garments. 10. Salim Tigga (PW-11), Investigating Officer has deposed that on 30.07.2019 at about 10:00 a.m., when Constable Surjeet Khare (PW-4) brought two sealed packets from the hospital and produced them at Police Station Kota, one packet contained the underwear of A-1 and the other contained the underwear of accused A-2. In the presence of witnesses Ramchandra Dhruv and Santish Sahu (PW-9), a seizure memo (Ex. P-6) was prepared, and the said articles were duly seized. 11. The seized articles were sent to FSL examination and in FSL Report vide Ex.P-20, human sperm was found on Articles A1, B,D and E i.e. petticoat of victim, slide and undergarments of the appellants. 12. The Supreme Court in the matter of Rai Sandeep alias Deenu v. State (NCT of Delhi), 2012 (8) SCC 21 held as under:- “22. In our considered opinion, the ‘sterling witness’ should be of a very high quality and caliber whose 9 CRA No.972/2023 version should, therefore, be unassailable. The Court considering the version of such witness should be in a position to accept it for its face value without any hesitation. To test the quality of such a witness, the status of the witness would be immaterial and what would be relevant is the truthfulness of the statement made by such a witness. What would be more relevant would be the consistency of the statement right from the starting point till the end, namely, at the time when the witness makes the initial statement and ultimately before the Court. It should be natural and consistent with the case of the prosecution qua the accused. There should not be any prevarication in the version of such a witness. The witness should be in a position to withstand the cross-examination of any length and howsoever strenuous it may be and under no circumstance should give room for any doubt as to the factum of the occurrence, the persons involved, as well as, the sequence of it. Such a version should have co- relation with each and everyone of other supporting material such as the recoveries made, the weapons used, the manner of offence committed, the scientific evidence and the expert opinion. The said version should consistently match with the version of every other witness. It can even be stated that it should be akin to the test applied in the case of circumstantial evidence where there should not be any missing link in the chain of circumstances to hold the accused guilty of the offence alleged against him. Only if the version of such a witness qualifies the above test as well as all other similar such tests to be applied, it can be held that such a witness can be called as a ‘sterling witness’ whose version can be accepted by the Court without 10 CRA No.972/2023 any corroboration and based on which the guilty can be punished. To be more recise, the version of the said witness on the core spectrum of the crime should remain intact while all other attendant materials, namely, oral, documentary and material objects should match the said version in material particulars in order to enable the Court trying the offence to rely on the core version to sieve the other supporting materials for holding the offender guilty of the charge alleged.” 13. Also, the Supreme Court in the matter of State of Maharashtra vs Chandraprakash Kewal Chand Jain, 1990 SCC 550 held as under:- “A prosecutrix of a sex-offence cannot be put on par with an accomplice. She is in fact a victim of the crime. The Evidence Act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars. She is undoubtedly a competent witness under Section 118 and her evidence must receive the same weight as is attached to an injured in cases of physical violence. The same degree of care and caution must attach in the evaluation of her evidence as in the case of an injured complainant or witness and no more. What is necessary is that the Court must be conscious of the fact that it is dealing with the evidence of a person who is interested in the outcome of the charge levelled by her. If the Court keeps this in mind and feels satisfied that it can act on the evidence of the prosecutrix. There is no rule of law or practice incorporated in the Indian Evidence Act, 1872 (in short ‘Evidence Act’) similar to illustration (b) to Section 114 11 CRA No.972/2023 which requires it to look for corroboration. If for some reason the Court is hesitant to place implicit reliance on the testimony of the prosecutrix it may look for evidence which may lend assurance to her testimony short of corroboration required in the case of an accomplice. The nature of evidence required to lend assurance to the testimony of the prosecutrix must necessarily depend on the facts and circumstances of each case. But if a prosecutrix is an adult and of full understanding the Court is entitled to base a conviction on her evidence unless the same is own to be infirm and not trustworthy. If the totality of the circumstances appearing on the record of the case discloses that the prosecutrix does not have a strong motive to falsely involve the person charged, the Court should ordinarily have no hesitation in accepting her evidence.” 14. In view of foregoing discussion & law laid down by the Hon’ble Supreme Court, the testimony of prosecutrix is an important piece of evidence in the cases of rape. In the instant case, the prosecutrix stated that she works as a daily wager and she obtained a loan from Women’s self-help group (Sangam Group). Being in need of money, she approached A-1 for financial assistance. Thereafter, A-1 took her in his vehicle to Ramnagar Mill and thereafter to Amali, where A-2 was present. Thereafter, both appellants took her on a motorcycle towards forest area and in between, the appellants consumed liquor and also tried to consume liquor to the prosecutrix. When she objected, the appellants assaulted her and committed sexual intercourse with 12 CRA No.972/2023 her. Hence, it is observed that the testimony of the prosecutrix (PW-12) suffers from no material contradictions or discrepancies. The statement of prosecutrix is consistent and reliable. 15. Considering the evidence in its entirety and looking to the fact that the incident occurred in the year 2019; particularly considering that the injuries sustained by the prosecutrix are simple in nature as per medical examination report submitted by Dr. Renuka Samual PW-1; age of A-1 is 31 years and A-2 is septuagenarian; the appellants are in jail since 1/07/2019, this Court is of the view that the conviction of the appellants under Section 376 (घ) of the IPC is hereby maintained as awarded by the learned trial Court. However, the sentence imposed upon the appellants is altered and reduced from life imprisonment (till natural death) to twenty years. Accordingly, the sentence part is modified/altered to twenty years. The appellants shall serve the remaining part of the sentence. 16. Resultantly, the appeal stands partly allowed. 17. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellants are undergoing their jail term, to serve the same on the appellants informing them that they are at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon’ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services 13 CRA No.972/2023 Committee. 18. The trial Court record along with the copy of this judgment be sent back immediately to the trial court concerned for compliance and necessary action. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Gowri/ Amardeep