Page No.1 of 6 IN CRA-108-2023 2025:CGHC:19928 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Appeal No. 108 of 2023 [Arising out of judgment dated 28.11.2022, passed in Special Criminal Case (POCSO Act) No.26 of 2022 (State of Chhattisgarh v. Mohammad Sameer @ Sabu) by the Additional Sessions Judge(2nd FTSC), Bilaspur (CG)] Mohammad Sameer @ Sabu S/o Mohammad Yunush Khan Aged About 19 Years R/o House No. 15, Qtr. No. C. 5, Bombay Awas, Koni, Police Station Koni, District Bilaspur Chhattisgarh ... Appellant Versus State of Chhattisgarh Through Station House Officer, Police Station Koni, District Bilaspur Chhattisgarh ... Respondent [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------- For Appellant : Mr. Amit Singh Chauhan, Advocate For Respondent: Mr. Rahul Tamaskar, Government Advocate ------------------------------------------------------------------------------------------------- Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Judgment on Board) 01 . 05 .202 5 (1) This criminal appeal filed by the accused-appellant under Section 374(2) of CrPC is directed against the impugned judgment of conviction and order of sentence dated 28.11.2022, passed in Special Criminal Case (POCSO Act) No.26 of 2022 (State of Chhattisgarh v. Mohammad Sameer @ Sabu) by the Additional Sessions Judge(2nd FTSC), Bilaspur (CG), whereby he has been convicted and sentenced as under: Conviction Sentence U/s. 354 of IPC Rigorous imprisonment for 03 years with SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 6 IN CRA-108-2023 fine of Rs.1,000/- and, in default of payment of fine, additional rigorous imprisonment for 06 months. U/s. 342 of IPC Rigorous imprisonment for 01 year with fine of Rs.1,000/- and, in default of payment of fine, additional rigorous imprisonment for 03 months. U/s. 09(m)/10 of the POCSO Act Rigorous imprisonment for 05 years with fine of Rs.2,000/- and, in default of payment of fine, additional simple imprisonment for 01 year. (2) The case of the prosecution, in short, is that on 15.02.2022, between 12:00 to 13:00 hours, in the house of the appellant herein, situated at H. No.05, Block No.C, Bombay Awas, which comes within the ambit of Police Station Koni, District Bilaspur (CC), the appellant with the intent to outrage the modesty of the minor victim (PW-01), aged about 07 years (i.e. below 12 years), used criminal force on her, wrongfully confined her in a room of his house and also committed sexual assault on her and, thereby, said to have committed the aforesaid offences. (3) The further case of the prosecution is that when the matter was reported to the police by lodging written complaint (Ex.P/08), FIR (Ex.P/06) was registered by the police against the appellant and wheels of investigation started running, in which, nazri naksha was prepared vide Ex.P/07. Victim’s statement under Section 164 of CrPC was recorded vide Ex.P/01. The accused-appellant was arrested vide Ex.P/16. Further, in order to ascertain correct age of the victim (PW- 01), dakhila kharij register (Ex.P/04C) and certificate issued by the Page No.3 of 6 IN CRA-108-2023 Head Master of the victim’s school (Ex.P/05) were obtained/seized, in which, the date of birth of the victim (PW-01) has been recorded as 24.11.2014, meaning thereby, the victim (PW-01) was minor aged about 07 years 02 months on the date and time of the offence. Thereafter, statements of witnesses were recorded and, after due investigation, the appellant was charge-sheeted for the aforesaid offences in the competent criminal Court having jurisdiction, which was thereafter committed to the Court of Sessions for hearing and trial in accordance with law, in which, the appellant abjured his guilt and entered into defence by stating that he is innocent and has been falsely implicated. (4) The prosecution in order to prove its case examined as many as 08 witnesses and exhibited 17 documents, whereas the appellant in support of his defence though not examined any witness, but exhibited 02 documents. (5) The learned trial Court after appreciating the oral and documentary evidence available on record, proceeded to convict the appellant for offence punishable under Sections 354, 342 of IPC and under Section 09(m)/10 of the POCSO Act, 2012 and sentenced him as mentioned in the opening paragraph of this judgment, against which this appeal has been preferred by the appellant-accused questioning the impugned judgment of conviction and order of sentence. (6) Mr. Amit Singh Chauhan, learned counsel appearing for the appellant would submit that the learned trial Court is absolutely Page No.4 of 6 IN CRA-108-2023 unjustified in convicting the appellant for the aforesaid offences. In view of questions framed and answers given by the victim (PW-01) in her statement before the Court, the learned trial Court has erred in law while holding the appellant guilty for the offences in question. Neither the medical evidence nor forensic evidence is available in the present case to support the prosecution version, therefore, the appellant is liable to the acquitted of the charges. Hence, the present appeal be allowed. (7) Per-contra, learned State counsel would submit that prosecution has been able to prove the offences beyond reasonable doubt by leading evidence of clinching nature. It is further submitted on behalf of the respondent-State that in view of statement of the victim (PW-01), wherein she clearly narrated the incident and implicated her father (appellant herein) to be the author of the crime in question, coupled with other evidence available on record, the learned trial Court has rightly convicted the appellant for the offences mentioned herein-above. Therefore, the present appeal is liable to be dismissed. (8) I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. (9) In the instant case, considering the statement of the victim (PW- 01), wherein she has clearly narrated the incident in question and implicated the appellant herein to be the author of the crime by stating that on the date and time of the offence while she was playing hide and Page No.5 of 6 IN CRA-108-2023 seek alongwith appellant’s younger sister- Bebo in appellant’s house, at that juncture, the appellant wrongfully confined her in one room with the intent to outrage her modesty and further sexually assaulted her. The victim (PW-01) was also subjected to some length of cross- examination, but she remained consistent in her version and, therefore, her testimony inspire confidence and has rightly been relied upon by the learned trial Court to hold the appellant herein guilty for the offences in question. Moreover, according to dakhila kharij register (Ex.P/04C) and certificate issued by the Head Master of the victim’s school (Ex.P/05), victim’s date of birth has been recorded as 24.11.2014, meaning thereby, the victim (PW-01) was minor aged about 07 years 02 months on the date and time of the offence. As such, on the basis of aforesaid evidence available on record, the finding recorded by the learned trial Court that the appellant is guilty for the offences in question, is strictly in accordance with law and, for which, he has rightly been convicted and sentenced by the learned trial Court. I do not find any illegality or perversity in findings recorded by the learned trial Court. Accordingly, I hereby affirm the said finding. (10) Consequently, this criminal is liable to be and is hereby dismissed. (11) The Registry of this Court is directed to sent a copy of this judgment to the concerned Superintendent of Jail where the appellant is languishing, informing him that he is at liberty to assail this judgment before Hon’ble Supreme Court by preferring an appeal under Page No.6 of 6 IN CRA-108-2023 Article 136 of the Constitution of India with the aid and assistance of the Chhattisgarh High Court Legal Services Committee or that of the Supreme Court Legal Services Committee. Sd/- (Sanjay K. Agrawal) Judge s@if