1 2025:CGHC:4579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 662 of 2021 1 - Suraj Rajak @ Lallu S/o Basant Rajak Aged About 21 Years R/o Atal Awas Village Manki Thana Somani District Rajnandgaon Chhattisgarh ... Appellant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Basantpur, District Rajnandgaon Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. N.K. Malviya, Advocate For Respondent(s) : Mrs. Sunita Sahu, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Judgment on Board 24/01/2025 1. With the consent of counsel for the parties, the matter is heard finally at motion stage. 2. This criminal appeal has been filed under Section 374 (2) of Cr.P.C. by the appellant against the judgment of conviction and order of sentence dated 25.03.2021 passed by the Additional Sessions Judge, Fast Track 2 Special Court (POCSO) Rajnandgaon (C.G.), in Special Criminal Case No. 59/2018, whereby the appellant has been convicted and sentenced as follows:- Conviction Sentence U/s 377 of IPC R.I. for 10 years and fine of Rs. 5000/-, in default of fine, R.I. for 3 months U/s 323 of IPC R.I. for 1 year and fine of Rs. 1000/-, in default of fine, R.I. for 3 months U/s 6 of POCSO Act R.I. for 10 years and fine of Rs. 1000/-, in default of fine, R.I. for 3 months. 3. Briefly stated facts of the case leading to the disposal of this appeal are that on 19.10.2018 at about 7:00 pm, the appellant has committed unnat- ural sex upon a minor boy aged about 5 years and slapped the victim and threatened to kill the victim. Mother of the victim has lodged the report against the appellant at police station Basantpur and a case was regis- tered bearing no. 458/2018 under Sections 323, 506, 377 of IPC and Section 4 of POCSO Act. 4. So as to prove the complicity of the accused/appellant in the crime in question, prosecution has examined as many as 7 witnesses. Statement of the accused/appellant under Section 313 Cr.PC was also recorded in which he pleaded his innocence and false implication in the case. No De- fence has been examined in support of its case. 5. After hearing the parties and going through the material available on record including the evidence of the witnesses, l Additional Sessions Judge, Fast Track Special Court (POCSO) Rajnandgaon (C.G.), in Spe- cial Criminal Case No. 59/2018 has convicted and sentenced the ac- cused/appellant as described in paragraph No. 2 of this judgment. Hence this appeal. 3 6. Learned counsel for the appellant submits that the judgment and sen- tence passed by the learned Trial Court is bad, illegal and contrary to the facts and laws. He further contended that the learned Court below has convicted the appellant only on the basis of circumstantial evidences which were full of conjecture and surmises. 7. On the other hand, counsel appearing for the State supports the judg- ment and submits that the findings recorded by the Additional Sessions Judge, Fast Track Special Court, Rajnandgaon (C.G.) holding the ac- cused/appellant guilty under Sections 377, 323 of IPC and Section 6 of POCSO being based on proper appreciation of the evidence on record are fully justified and do not call for any interference in this appeal. 8. Heard counsel for the parties at length and went through the evidence on record with utmost care and caution. 9. PW-03/ victim has deposed in his cross-examination that in the evening he alone went to see the Durga Visarjan where the appellant/accused came and by holding his hand took him to the public toilet where the ac- cused slapped the victim 2-3 times and then the accused undressed the victim and himself and started touching his butt and committed unnatural sexual intercourse with the victim. He further deposed that the accused threatened to kill him. 10. PW-02/ mother of victim has deposed in his examination-in-chief that she along with her family has went to see Dussehra. She further deposed that his child/victim has told her that the accused has committed rape with him. 11. PW-01/ victim’s neighbour has deposed that he has seen the victim and accused at the place of incident, i.e., public toilet. He further contended that at the place of incident he heard sound of a child crying upon which he went to the place of incident and saw the victim and the accused. 4 12. PW-07/ Dr. Anil Mahakalkar has given his medical report (Ex. P/15) which states that the victim’s lower sphincter anus was normal. There was abrasion in anus and was shiny skin. 6 o’clock position of victim’s anus. The doctor has given the opinion that there could be forceful inser- tion of hands or some blunt yielding object over the anus of the victim. 13. Thus, from the evidence of the victim(PW-03), his mother(PW-02), his neighbour(PW-01) and the doctor (PW-07), it is clear that the accused/ appellant took the victim to a public toilet and committed unnatural sex with him. Therefore, this Court has no hesitation to hold that the findings recorded by the trial Court convicting the accused/appellant under Sec- tions 377 and 323 of IPC and Section 6 of POCSO Act are based on due appreciation of the evidence on record and deserve to be and are hereby maintained. 14. Thus, for the foregoing reasons, the present appeal deserves to be and is hereby dismissed. SD/- (Arvind Kumar Verma) JUDGE Madhurima