1 CRA No.1006/2019 2025:CGHC:26978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1006 of 2019 Shiv Kumar @ Shiva S/o Ramdhani Yadav Aged About 35 Years R/o Village- Mathpara Beergaon, Thana- Urla, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Petitioner(s) versus State Of Chhattisgarh Through Police Station- Urla, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent For Appellant : Mr. Naveent Kumar Yadav, Advocate For Respondent/State : Ms. Isha Jajodiya, Panel Lawyer Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 23.06.2025 This criminal appeal filed by the appellant 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 01/05/2019, passed by the learned 7th Additional Sessions Judge, Raipur, District:Raipur, C.G. in Special Criminal Case No.339/2017, whereby the appellant/accused has been convicted for the offence and sentenced as under:- AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.24 10:56:30 +0530 2 CRA No.1006/2019 Conviction Sentence Under Section 6 of the POCSO Act, 2012 R.I. for 10 years and fine of Rs.5000/-, in default, additional R.I. for 3 months 1. Facts of the case, in brief, is that the complainant lodged an FIR at P.S. Urla that on 03/02/2019, her daughter/victim went to the house of appellant for playing, then her daughter came after half an hour with crying. When complainant asked her daughter, she showed towards her private parts, thereafter, the complainant saw the sperm over her private parts and clothes. Subsequently, FIR was registered against the applicant. After due investigation, the appellant was arrested. Medical Examination of victim was conducted and clothes of the victim and appellant were sent for chemical examination to FSL. 2. The trial court has framed charges against the appellant for the aforementioned offence and the appellant abjured his guilt and pleaded innocence. 3. In order to establish the charge against the appellants, the prosecution examined as many as 6 witnesses. The statement of the appellant under Section 313 of Cr.P.C. was also recorded in which he denied the material appearing against him and stated that he is innocent and he has been falsely implicated in the case. After appreciation of evidence available on record, the learned trial Court has convicted the accused/appellant and sentenced 3 CRA No.1006/2019 him as mentioned in para 1 of the judgment. Hence, this appeal. 4. Learned Counsel appearing for the appellant submits that the appellant is innocent and has been falsely implicated in the present case. He further submits that prosecutrix has not been examined before the trial Court and as opined by P.W.-2 i.e. Doctor, no injury has been found in the private parts of the prosecutrix, thus, trial Court has wrongly convicted the accused/Appellant in the alleged offence. 5. On the other hand, learned Counsel appearing on behalf of the State opposes the same and supports the judgment of conviction. He also submits that FSL report proved that human sperm was found on the underwear of the accused and the leggies and frock of the victim. It is further submitted that prosecutrix is a child aged about three and a half years, therefore, the present appeal may be dismissed. 6. I have heard the learned counsel for the parties and perused the record with utmost circumspection. 7. PW-1, is the mother of the victim. She stated that on the date of incident, the victim had gone to the neighbors’ house for playing. After some time, the victim came to the house and stated that the accused took her and committed something her and showed towards the private parts. When the mother checked the private parts of the victim after removing her knicker and found some sperm. Thereafter, she narrated the incident to her husband and 4 CRA No.1006/2019 lodged the report. According to this witness, the age of victim on the date of incident is 3 years, 3 months and 5 days. 8. PW-2, is the doctor, who conducted the examination of the victim. She stated that she found sperm on the knickers of the victim. She submitted the report Ex.P-7. 9. The seized articles were sent to FSL examination. Victim’s leggies, frock and slide were marked as A,B and C respectively, whereas the underwear of accused was marked as D. On due examination, the report Ex.P-22 was submitted by FSL by opining that on Article-A,B and D, the human sperm was found. 10. In view of foregoing discussion and looking to the evidence of PW-1(mother of victim), PW-2(Doctor) who examined the victim and FSL report in which, human sperm was found over the leggies, frock of the victim and also on the underwear of the accused/appellant, this Court is of the considered opinion that the appellant herein committed sexual intercourse with the victim Thus, the trial Court has rightly convicted the appellant for the aforesaid offence. The conviction and sentence as awarded by the trial court to the appellant is hereby upheld. 11. The appellant is stated to be in jail and he shall serve out the remaining period of jail sentence as awarded to him by the learned trial Court. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing the jail sentence to serve the same on the appellant 5 CRA No.1006/2019 informing him that he is 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 Committee. 12. Accordingly, the Criminal Appeal is dismissed. 13. Let a certified copy of this judgment along with the original record be transmitted forthwith to the trial Court for information and necessary action. SD/- (Bibhu Datta Guru) Judge Gowri/ Amardeep