1 / 4 2025:CGHC:3083 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 256 of 2021 1 - Sanju Kumar Shriwas S/o Ramlal Shriwas, Aged About 22 Years R/o Village Birkoni, Atal Chowk, Chowki Naila, P.S. Janjgir District Janjgir Champa Chhattisgarh ... Appellant versus 1 - State of Chhattisgarh Through P.S. Janjgir, District Janjgir Champa Chhattisgarh ... Respondent For Appellant : Mr. Ravindra Sharma, Advocate For State : Ms. Prabha Sharma, Panel Lawyer (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 17/01/2025 1. The instant appeal has been filed against the judgment of conviction and order of sentence dated 05/02/2021 passed by the Additional Sessions Judge, FTC, Janjgir, District Janjgir-Champa, C.G. in S.T. No.03/2020 whereby the appellant has been convicted under Sections 450 & 376 of IPC and sentenced to undergo R.I. for 05 years & R.I. for 10 years, ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.20 17:33:19 +0530 2 / 4 respectively and to pay fine amount of Rs.1000/- for each offence, with usual default stipulations. 2. The prosecution case in brief is that on 02/11/2019 while the prosecutrix lodged a report in Police Chowki Naila that she resides alone in village Birkoni in P.M. Awas. Last night in the night at about 07.00 PM after having meal she was sleeping in the house in the mid-night a person opened the door of her house on account of which she woke up and the said person after entering into the house committed wrong with her because of which she shouted after hearing the screaming her son, daughter-in-law came there on seeing them the said person hide inside the house. Thereafter, she narrated the entire incident to her son and daughter-in-law and they called some other persons and made a search of the house. Thereafter, the said person was caught from behind the stairs and he was identified as Sanju Shriwas of the village. Thereafter, on the basis of the report of the prosecutrix, an FIR (Ex. P/5) was registered against the accused/appellant and in the police station Janjgir crime No.482/2019 under Sections 450, 376 IPC was registered. 3. During the course of trial, the appellant abjured his guilt and claimed to be tried. The prosecution on their behalf had examined as many as 09 witnesses. The Court after evaluating the evidence and the circumstances, in which the incident happened convicted the appellant/accused as aforesaid. Hence this appeal. 3 / 4 4. Learned counsel for the appellant contended that there is contradiction and omission in the statements made by the prosecution witnesses, therefore, their statements do not inspire confidence. He would next contend that the appellant was not identified by the prosecutrix and there is delay in lodging the FIR. He would next contend that the FSL report do not support the version of the prosecutrix. Therefore, the impugned judgment of conviction and order sentence passed by the trial Court is liable to be interfered and the appellant may be acquitted of the charges leveled against him. 5. Per contra, learned State counsel opposes the arguments advanced by learned counsel for the appellant and submits that the order of the Court below is well merited which do not call for any interference. 6. I have heard learned counsel for the parties and perused the evidence. 7. From perusal of the record it is apparent that on 01/11/2019 at about 7 PM in the night when the prosecutrix was sleeping in her house at that time the accused came with an intention to commit sexual intercourse with her. After raising alarm, the son of the prosecutrix and other family members came and asked her as to what happened then the prosecutrix informed about the incident. 8. From examination of over all facts and record it is apparent that the appellant was not wearing pant at that time and the clothes of the victim 4 / 4 were also removed. In the medical report there is no mention of internal or external injury on the body of the victim. Undergarments of the victim and the accused were seized by the police and sent for chemical examination and the FSL report found to be negative and no human spermatozoa was found on the chemical examination, however, it is crystal clear that on the date of incident, the accused has entered into the house of the victim and thereafter removed the clothes and he tried to commit the sexual intercourse with the victim. This Court is of the considered opinion that the appellant should be convicted under Section 376 read with Section 511 IPC instead of Section 376 IPC. 9. In view of above, the conviction made under Section 376 IPC is altered to conviction under Section 376 read with Section 511 IPC and he is sentenced to undergo R.I. for 05 years. However, conviction & sentence of appellant under Section 450 IPC is hereby affirmed/confirmed. Altough the fine amount imposed upon the appellant by the trial Court shall remain intact. Both the sentences shall run concurrently. 10. Accordingly, the appeal is partly allowed. SD/- (Arvind Kumar Verma) JUDGE ashu