1 CGHC010289542022 2026:CGHC:35196-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1433 of 2022 Ketan Darro S/o Heeralal Darro Aged About 22 Years R/o Village Ghotulmunda, Chowki Damkasa, P.S. Bhanupratappur, District North Baster Kanker (C.G.) ... Appellant(s) versus State of Chhattisgarh Through P.S. Lohatter, District - North Baster Kanker (C.G.) ... Respondent(s) For Appellant : Mr. B.L.Dembra, Advocate. For Respondent(s) : Mr. S.S.Baghel, Government Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 11/08/2026 1 Heard Mr. B.L.Dembra, learned counsel for the appellant as well as Mr. S.S.Baghel, learned Government Advocate for the State/respondent. 2 Challenge in this appeal 8led under Section 374(2) of the Criminal Procedure Code, 1973 is to the judgment of conviction and order of sentence dated 14.07.2022 passed by the learned Special Judge (Protection of Children from Sexual O?ences Act, 2012) Bhanupratappur, District Uttar Bastar, Kanker, in Special Criminal Case 2 (POCSO Act) No. 31/2019 by which the appellant has been convicted and sentenced as under: Conviction under Section Jail Sentence (Rigorous) Fine Default Jail Sentence (Rigorous) 376(3) of the Indian Penal Code (for short, the IPC) 20 years Rs. 5000/- 1 year 306 of the IPC 10 Years Rs. 2000/- 6 months Both the sentences to run concurrently. 3 Case of the prosecution, in brief, is that the complainant / father (PW-1) of the victim/deceased appeared at Police Station Lohatter on 12.08.2019 and lodged a report to the e?ect that his daughter, the victim/deceased, had gone from her house on 11.08.2019 in the morning towards Sonadai Khet Ladi to graze the cows and bullocks. After grazing the cows and bullocks, she returned home at about 5:00 p.m., tied the cows and bullocks and went outside. At night, when they looked for the victim/deceased at the time of taking food and searched here and there in the village, she was not found. Thereafter, in the morning, he went to his matrimonial home at Amakada to see whether the victim/deceased had gone there, because for several days the victim/deceased had been saying that she wanted to go to her maternal uncle's village. On the next morning, his younger daughter went towards Sonadai Khet Ladi to graze the cows and bullocks, whereupon she saw the victim/deceased and from there itself informed him over the phone about the incident. Thereafter, he returned from Amakada to Lohattar and, along with his wife, went to Sonadai Khar Khet Ladi and saw that the victim/deceased was lying dead there. Thereafter, he came to the Police Station along with the village Kotwar and villagers for lodging the report. On the aforesaid report of the father of the victim/deceased, Merg No. 11/2019 3 (Ex. P/1) under Section 174 of the Cr.P.C. was registered at Police Station Lohatter and the matter was taken up for investigation. During the merg inquiry, on the basis of the statements of the witnesses, First Information Report (Exhibit P/32) was registered against the appellant Ketan Darro at Police Station, Lohatter, under Crime No. 16/2019 under Sections 306, 376(3), 376(2)(n) of the IPC and Sections 4 and 6 of the Protection of Children from Sexual O?ences Act, 2012 (for short, the POCSO Act) and the matter was taken up for investigation. During investigation, after completion of all necessary formalities and investigative proceedings, upon 8nding prima facie that the appellant had committed the aforesaid o?ence, a charge-sheet was prepared against the appellant under Sections 306, 376(3), 376(2)(n) of the IPC and Sections 4 and 6 of the POCSO Act and the case was presented before the Special Court which was registered as Special Sessions Case No. 31/2019. 4 On the basis of the charge-sheet presented in the case, charges against appellant under Sections 306, 376(2)(n), 376(3) of the IPC and Section 6 of the POCSO Act were framed, read over and explained to him upon which the appellant denied the charges and prayed for trial. He claimed himself to be innocent and that he had been falsely implicated. However, when asked regarding defence evidence, he stated that he did not wish to adduce any evidence in his defence. 5 In support of its case, the prosecution examined a total of 16 witnesses, namely, father of the victim/deceased (PW-1), mother of the victim/deceased (PW-2), elder sister of the victim/deceased (PW-3), Samari Bai (PW-4), Constable Bhagwan Singh Dhruv (PW-5), Pankaj Mandavi (PW-6), Gopal Tekam, (PW-7), Dr. Sonam Kunjam (PW-8), 4 Patwari Ashwani Sahu (PW-9), elder sister of the deceased (PW-10), Dr.M.K. Markam (PW-11); younger sister of the deceased (PW-12), Girdhari Kawade (PW-13), Gopal Netam (PW-14), Investigating OHcer (for short, the IO) Uttam Kumar Tiwari (PW-15) and Sanjeev Nema (PW- 16) and exhibited as many as 65 exhibits and 2 Articles. 6 The appellant was examined under Sections 313 of the Cr.P.C. In his examination, the appellant pleaded innocence and stated that he had been falsely implicated in the case. 7 The learned trial Judge, after considering the statement of witnesses and evidence available on record, convicted and sentenced the appellant as detailed in the opening paragraphs of this judgment. Hence, the present appeal by the appellant/convict. 8 Mr. B.L.Dembra, learned counsel appearing for the appellant/convict submits that the impugned judgment of conviction and order of sentence passed by the learned trial Court are contrary to law, facts and the evidence available on record and, therefore, deserve to be set aside. There is no eye witness to the incident and the case rests on circumstantial evidence. It is submitted that the learned Trial Court has failed to appreciate the evidence in its proper perspective and has recorded the 8ndings of guilt on the basis of conjectures and surmises. There is no direct evidence against the appellant and the chain of circumstances has not been proved successfully by the prosecution. Merely on the basis of presumption that the appellant was residing in the house of the victim/deceased, he cannot be held guilty. The prosecution has failed to establish the guilt of the appellant beyond reasonable doubt; however, the learned trial Court has overlooked the material contradictions and omissions in the testimony of the prosecution 5 witnesses. It is further submitted that the evidence of the prosecution witnesses does not inspire con8dence and su?ers from material inconsistencies, which have not been duly considered by the learned Trial Court. The 8ndings recorded by the learned Trial Court are thus perverse, being unsupported by the evidence on record and contrary to the settled principles governing appreciation of evidence in criminal cases. Hence, he prays that the impugned judgment of conviction and order of sentence be set aside and the appellant be acquitted of all the charges. 9 On the other hand, Mr. S.S.Baghel, learned Government Advocate appearing for the State/respondent submits that the impugned judgment of conviction and order of sentence passed by the learned trial Court are well reasoned, based on proper appreciation of the oral as well as documentary evidence, and do not su?er from any illegality, perversity or in8rmity warranting interference by this Court. It is submitted that the prosecution has successfully established the guilt of the appellant beyond reasonable doubt by leading cogent, reliable and trustworthy evidence. The learned Trial Court has meticulously analysed the testimony of the prosecution witnesses which stands duly corroborated by the medical evidence in the form of DNA report, FSL report etc. available on record. The alleged contradictions, omissions and discrepancies pointed out by the appellants are minor and natural in nature, which do not go to the root of the prosecution case and do not a?ect its credibility. The 8ndings recorded by the learned Trial Court are based upon a comprehensive and correct appreciation of the entire evidence on record and are in consonance with the settled principles governing criminal jurisprudence. The prosecution has proved all the essential ingredients of the o?ences beyond reasonable doubt, and the 6 appellant has failed to demonstrate any material illegality, misreading of evidence or perversity in the 8ndings recorded by the learned Trial Court. The appeal, being devoid of merit, deserves to be dismissed and the judgment of conviction and order of sentence passed by the learned Trial Court deserve to be aHrmed. 10 We have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 11 In the present case, it is an admitted fact in the case that the parents of the victim/deceased and the appellant knew each other and the appellant is the maternal nephew (Bhanja) by relation of the father of the victim/deceased and is related as a brother to the victim and her sisters. 12 As regards the age of the victim/deceased, the father (PW-1) stated that she was 16 years old at the time of the incident, while PW-2, her mother, and PW-3, her elder sister, stated her age to be 15 years. Another elder sister, in her evidence stated that the deceased was two years younger to her and, accordingly, was 15 years old. None of these statements has been materially contradicted in cross-examination. PW-1 further stated that he had produced the deceased’s birth certi8cate (Article-A-1) and Class VIII progress report (Article-A-2) before the Police, which were seized vide Ex. P-8. The IO (PW-15), corroborated the seizure on 14.10.2019. Both documents record the victim/deceased’s date of birth as 05.06.2004. The said documents, being public documents prepared in discharge of oHcial duties, are admissible under Section 35 of the Indian Evidence Act and have not been disproved by any contrary material. The incident occurred between 07:00 p.m. on 11.08.2019 and 07:00 p.m. on 12.08.2019. Thus, on 11.08.2019, the deceased was 15 years, 02 months and 06 days old, i.e., below 16 years which the prosecution has 7 successfully proved. 13 With regard to the capability of the appellant for performing sexual intercourse, the IO (PW-15), in his examination-in-chief has stated that during investigation, on 27.09.2019, he obtained permission from the Court and on 28.09.2019 from the Jail Superintendent, Kanker, for conducting the genital examination of appellant Ketan Darro, and prepared memo (Ex. P-37) for conducting the genital examination of the appellant at District Hospital, K.D. Hospital, Kanker. The medical witness Dr. M.K. Markam (PW-11), also supporting the evidence of the IO, stated that while he was posted at District Hospital, Kanker, on 30.09.2019, Constable Girdhari Kawade of Police Station Lohattar brought appellant Ketan Darro for his genital examination and preparation of semen slides. After examination, he prepared two semen slides of the appellant, sealed them and, advising that they be subjected to chemical examination, handed them over to the same Constable. In this regard, he prepared the examination report (Ex.P-27). According to his examination report, during examination, he found the appellant fully capable of having sexual intercourse. Thus, on the basis of the aforesaid facts, it is duly proved that appellant Ketan Darro was capable of having sexual intercourse at the time of the incident. 14 So far as the nature of death of the deceased is concerned, the father of the victim/deceased (PW-1) stated that on 11.08.2019, after returning home in the evening, the deceased went out at about 06:30 p.m. and did not return. Despite a search, she could not be found that night. The next morning, while PW-1 was searching for her at the house of her maternal uncle, his younger daughter informed him that she had found the deceased lying face down in a machan in the Ladi 8eld. PW-01 reached the spot and found the deceased dead, with blue-coloured substance on 8 her 8nger, a black granular substance resembling poison in a polythene bag, and foam coming from her mouth. He thereafter lodged the report, pursuant to which the police conducted the dead body panchnama and prepared the Naksha Panchayatnama in his presence. The said proceedings were also supported by PW-2, the mother of the deceased, and PW-03, her elder sister. 15 The IO (PW-15) stated that on 12.08.2019, upon receiving information from the father (PW-1) of the deceased regarding her death, he registered Merg Intimation (Ex. P-1), inspected the spot, prepared spot maps (Ex. P-4 and P-05), and seized a small quantity of blue granular substance resembling insecticide under seizure memo Ex. P-06, which is corroborated by PW-1. He further stated that he sent report (Ex. P-29) to the Executive Magistrate for conducting the dead body panchnama, pursuant to which Ex.P-2 and P-3 were prepared by the Naib Tehsildar. These documents were proved through PW-1, PW-2 and PW-3 by identifying their signatures. PW-15 also prepared the post-mortem form Ex.P-31 and sent the body to CHC, Bhanupratappur. 16 Dr. Sonam Kunjam (PW-08) stated that on 13.08.2019, she conducted the post-mortem examination and issued Ex. P-21 and short P.M. report Ex. P-22. She stated that as per post-mortem report (Ex.P-21), the deceased’s uterus was enlarged to 12–14 weeks and contained a dead foetus. Samples of the uterus, foetus, umbilical cord and various organs were preserved in NACL and 10% formalin solutions for DNA and chemical/poison examination. She further opined that the cause of death was asphyxia due to food particles obstructing the respiratory tract following consumption of poison, and that death had occurred 24–36 hours prior to post-mortem. The nature of death was suicidal. Thus, from 9 the aforesaid evidence, it is established that, as per the Merg Intimation Report (Ex.P-1), the incident occurred between 07:00 p.m. on 11.08.2019 and 07:00 p.m. on 12.08.2019. On the same day, IO (PW- 15) registered the Merg Intimation (Ex. P-1) at Police Station Lohatter vide Merg No. 11/19. Since the deceased was a minor girl and her death had occurred under unexplained circumstances, a report was submitted to the Executive Magistrate, Tehsil OHce, Durgukondal, for conducting the dead body inspection panchnama proceedings. The dead body panchnama was accordingly prepared, followed by the post-mortem examination, which has been duly proved by the medical witness. The medical evidence establishes that the deceased died due to asphyxia caused by food particles becoming lodged in the respiratory tract following consumption of poison, and that the nature of death was suicidal. Thus, it stands proved that, on the date in question, the deceased died an unnatural death. 17 So far as the victim/deceased’s pregnancy, the alleged rape and aggravated penetrative sexual assault by the appellant, and her subsequent suicide by consuming poison allegedly at the appellant’s instigation are concerned, the prosecution case is entirely based on circumstantial evidence, as there is no eyewitness to the occurrence. PW-1, father of the deceased, stated that after the post-mortem, the Doctor informed him that she had consumed poison and was four months pregnant. He thereafter informed the police that the appellant had been residing in their house for about one year and used to sleep in the same room as the deceased, and therefore she could have become pregnant by him. PW-2, mother and PW-3, elder sister, have also stated similarly. PW-12, younger sister, further supported the occurrence by stating that she found the deceased lying on the machan in the 8eld and informed her 10 parents. The fact that appellant Ketan Darro stayed in the complainant/ deceased’s father’s house for about one year and slept in the same room as the victim/deceased, stands corroborated by the defence’s own suggestion to PW-1, who admitted the same in paragraph 13 of his cross-examination. Though the parents and sisters of the victim/ deceased stated that they could not explain the reason for her death, PW-1 clari8ed in paragraph 17 that she was pregnant and had consumed poison. This is corroborated by PW-8 Dr. Sonam Kunjam, who, in post-mortem report Ex. P-21, opined that the deceased died due to consumption of poison and that her uterus was enlarged to about 12– 14 weeks, with a dead foetus present therein. 18 The IO (PW-15), has deposed that on 21.08.2019, he took appellant Ketan Darro into custody at village Ghotulmunda, recorded his memorandum statement (Ex. P-11) in the presence of witnesses, and, pursuant thereto, seized a black-coloured mobile phone produced by the appellant from his house vide seizure memo Ex.P-9. Though the witnesses to the memorandum and seizure proceedings, PW-1 and PW- 7, did not support the IO’s version, they proved their signatures thereon. Their evidence cannot, therefore, be discarded in its entirety and may be relied upon to the extent it supports the prosecution case. The father of the deceased stated in his examination-in-chief that two or three days before the incident, appellant Ketan Darro called the deceased on her mobile and o?ered to send her money, asking for her account number. He further stated that, on the 11th, the deceased accompanied her mother to the Aadhaar Centre, Lohatter, to withdraw money, but due to a server issue, the withdrawal could not be made. He also deposed that his middle daughter later informed him that the victim/deceased had disclosed her relationship with appellant Ketan Darro and that she was 11 three to four months pregnant. This evidence is corroborated by PW-10, the deceased’s sister, and remained unchallenged in cross-examination. The father further stated that Samari Bai, his sister-in-law, came to his house after the incident and told him that appellant Ketan Darro had approached her seeking medicine for abortion and had stated that the girl belonged to the Komra family. This version is corroborated by Samari Bai (PW-04). 19 The IO (PW-15) stated that during investigation, he sent Ex. P-42 to Dr. Sonam Kunjam (PW-08) seeking a query report regarding the post- mortem 8ndings. Dr. Kunjam stated that, in response, she submitted Query Report (Ex. P-24), opining that the deceased had consumed food about 1–6 hours before death and that death was due to asphyxia caused by aspiration of food into the respiratory tract following consumption of poison. She also noted bluish discolouration and complete disappearance of rigor mortis. The IO further stated that on 14.10.2019, he seized the deceased’s black Jio keypad mobile phone, produced by her father, vide Ex. P-7, corroborated by PW-01. He also obtained Court permission for collection of appellant Ketan Darro’s blood sample for DNA examination vide Ex. P-34 and P-12. The sealed post- mortem samples and the appellant’s sealed blood sample were thereafter seized vide Exs. P-16 and P-17, respectively, as corroborated by Constables Gopal Netam (PW-14) and Bhagwan Singh Dhruv (PW- 05). 20 Dr. M.K. Markam (PW-11) the witness who took the blood sample of appellant Ketan Darro for DNA examination, also con8rmed that on 30.08.2019, upon receiving a requisition from Police Station Lohatter addressed to the District Medical OHcer, K.D. Hospital, Kanker, for 12 appointing a doctor for taking the blood sample of appellant Ketan Darro for DNA examination, and upon being directed by the Civil Surgeon, District Hospital, Kanker, he took the blood sample of the appellant for DNA examination with the assistance of the laboratory technician and handed it over to the Police. He also con8rmed issuance of report Ex.P- 26. 21 The IO has further stated in his examination-in-chief that on 31.08.2019 he sent reports (Ex. P-38 and Ex. P-39) to the Tehsil OHce, Durgukondal, for preparation of the spot map and Patwari spot map of the place of occurrence. Supporting the aforesaid evidence of the IO (PW-15), witness Ashwani Sahu (PW-09) also stated that while posted as Patwari in Patwari Halka No. 05, Tehsil Durgukondal, pursuant to the order of the Tehsildar, he went to the place of occurrence at Sonadai, Lohattar, and, according to the information given by the father of the deceased and the village Kotwar, prepared the spot map (Ex. P-14) and panchnama (Ex. P-13) and forwarded the same along with report (Ex. P- 25) to the Tehsildar, Durgukondal. The IO has also stated in his evidence that during investigation, on 14.08.2019, through the Superintendent of Police, Kanker, he prepared and sent a memo (Ex. P-43) for obtaining the call details of mobile number 9182959417 of appellant Ketan Darro. In pursuance thereof, the call details of the appellant's mobile were received in 13 copies (Ex. P-44). Similarly, on 31.08.2019, he sent report (Ex. P-45) to the Superintendent of Police, Kanker, seeking a certi8cate under Section 65-B of the Evidence Act. 22 Sanjeev Nema, PW-16, Nodal OHcer of Reliance Jio, Raipur, stated that pursuant to the requisition of the Superintendent of Police, Kanker, his oHce supplied the customer application form and CDR of mobile 13 No.9182959417 for the period from 01.06.2019 to 12.08.2019, along with the certi8cate under Section 65-B(4)(C) (Ex. P-52) and CDR (Ex. P- 54). The customer application form (Ex. P-53) stood in the name of Pankaj Mandavi. However, the said mobile was seized from appellant Ketan Darro vide Ex. P-09, and the CDR shows a conversation therefrom with mobile No. 7879650648, belonging to the deceased's sister, on 11.08.2019 at about 6:28 p.m. for about 52 minutes. The appellant o?ered no explanation that the mobile was not in his possession or was not used by him, nor led any defence evidence to establish the same. 23 The IO (PW-15) has also stated in his examination-in-chief that he had sent reports Ex. P-46 and Ex. P-48 to the Forensic Science Laboratory, Jagdalpur, for conducting DNA examination of the articles seized in the case and informing the result thereof. The acknowledgment receipts thereof are Ex. P-47 and Ex. P-49, and the chemical examination reports received through the Superintendent of Police, Kanker, are respectively Ex. P-50 and Ex. P-51. 24 From perusal of the chemical examination report (Ex. P-21), it is clear that the Liver, Heart, Spleen, Lung and Kidney of the deceased produced for DNA examination were marked as Exhibit-A/1187; the Fetus of the deceased, along with placenta and Cord, was marked as Exhibit-B/1188; the Uterus of the deceased was marked as Exhibit-C/1189; and the Blood Sample of appellant Ketan Darro was marked as Exhibit-D/1190 and examined. In the chemical examination report, Exhibit-B/1188, the Foetus of the deceased along with placenta and Cord, was found to be the biological o?spring of Exhibit-A/1187, Exhibit-C/1189 and Exhibit-D/1190. From the same, it is con8rmed that appellant Ketan Darro, prior to the incident, knowing the victim/deceased to be a minor 14 girl below 16 years of age, forcibly committed rape upon her and committed aggravated penetrative sexual assault, as a result of which she became pregnant. 25 Thus, from the entire aforesaid appreciation of evidence, it is clear that in the present case, according to the statements of the witnesses regarding the aforesaid available circumstantial evidence, appellant Ketan Darro, knowing the victim/deceased to be a minor girl below 16 years of age, committed rape upon her by having sexual intercourse with her on more than one occasion and committed aggravated penetrative sexual assault, as a result of which she became pregnant, and upon her becoming pregnant, the appellant, on the date of the incident or prior thereto, abetted her by telling her to consume poison, as a result of which the victim/deceased consumed poison and committed suicide. 26 Similarly, after the victim/deceased committed suicide, in addition to con8rmation of the examination of her dead body and the police disclosure report by medical evidence, there is also evidence con8rming the recovery, by the IO on the basis of the memorandum statement of the appellant, of the appellant's mobile SIM number 9182959417 allegedly used for abetment in the incident, as well as evidence from the chemical examination report of the properties seized in the case con8rming that Exhibit-B/1188, the Foetus of the deceased along with placenta and Cord, is the biological o?spring of Exhibit-A/1187, Exhibit-C/1189 and Exhibit-D/1190. 27 In the light of aforesaid discussion, we are inclined to endorse the conclusion arrived at by the learned trial Court convicting the appellant on the basis of evidence adduced by the prosecution witnesses. Therefore, conviction of the appellant as well as the sentence imposed 15 upon him by the learned trial Court is well merited and does not call for any interference by this Court. 28 For the foregoing reasons, the criminal appeal being devoid of merit is liable to be and is hereby dismissed. The appellant is stated to be in jail. He shall serve out the remaining part of the sentence as has been awarded to him by the learned trial Court. 29 Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing his jail sentence to serve the same on the appellant 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. 30 Let a certi8ed copy of this judgment alongwith the original record be transmitted to trial Court concerned forthwith for necessary information and action, if any. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.08.13 14:05:06 +0530