Ramesh Kumar Sahu Vs State Of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

Ramesh Kumar Sahu Vs State Of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the findings recorded by the trial Court convicting the appellant under Section 376 IPC and Section 6 of the POCSO Act, 2012 are unreasonable, perverse, illegal or contrary to the evidence brought on record by the prosecution, so as to warrant interference by this Court.

Court's answer

On appreciation of the evidence and material placed on record, the finding recorded by the learned trial Court cannot be said to be unreasonable and contrary to the evidence brought on record by the prosecution, which proves the guilt of the appellant beyond reasonable doubt.

Ratio / Principle

The finding recorded by the trial Court cannot be said to be perverse, illegal or contrary, and therefore does not warrant any interference by this Court.

Detailed headnote1 paragraphs

Criminal appeal (CRA No. 120 of 2018, High Court of Chhattisgarh at Bilaspur, Narendra Kumar Vyas, J., order dated 20.11.2024) directed against the judgment dated 31.10.2017 of the learned 5th Additional/Special Sessions Judge (F.T.C.), Durg in Session Trial No. 157/2015, whereby the appellant was convicted under Section 376 IPC and Section 6 of the POCSO Act, 2012, each with 10 years R.I. plus fine of Rs. 1,000/- and 3 months additional R.I. in default. The Court reviewed the prosecution evidence of 10 witnesses (Ex. P/1 to P/24, FSL report and medical examination report), including the victim (PW-1), her father, and Dr. Smt. Vinita Dhruve (PW-7) who found the hymen ruptured with bleeding due to sexual intercourse, and held that the trial Court's findings were neither unreasonable nor contrary to the evidence, the guilt having been proved beyond reasonable doubt, and not perverse, illegal or warranting interference. The appeal was dismissed on merit. The appellant had already been released from jail on 25.11.2023 after serving 08 years and 22 days of the maximum 10-year sentence with benefit of remission. No counsel appeared for the appellant.

1 / 3

2024:CGHC:45205

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRA No. 120 of 2018

Ramesh Kumar Sahu S/o Mettar Ram Sahu Aged About 26 Years R/o Urla P. S. Purani Bhilai District Durg Chhattisgarh, District : Durg, Chhattisgarh

... Appellant

versus

State Of Chhattisgarh Through Police Station Old Bhilai District Durg Chhattisgarh, District : Durg, Chhattisgarh

... Respondent

For Appellant : None For Respondent/State : Ms. Laxmeen Kashyap, Panel Lawyer

Hon'ble Shri Justice Narendra Kumar Vyas

Order On Board

20.11.2024

This criminal appeal has been filed being aggrieved by the judgment dated 31.10.2017 passed by the learned 5^th Additional/Special Sessions Judge (F.T.C.) Durg (C.G.) in Session Trial No. 157/2015 whereby the appellant has been convicted and sentenced in the following manner:-

Conviction	Se	ntence
U/s 376 of IPC	: 10 years R.I. with	fine of Rs. 1,000/- An
	additional R.I. for	3 month in case of

2 / 3

	default ofpayment of fine.
U/s 6 of POCSO Act,	: 10 years R.I. with fine of Rs. 1,000/- An
2012	additional R.I. for 3 month in case of
	default of payment of fine.

In compliance of direction issued by this Court, the Secretary, Legal Services Authority has called status report from concerned Jail Superintendent wherein it has been mentioned that the appellant has already been released from jail on 25.11.2023 on completion of jail sentence awarded to him by the trial Court granting benefit of remission as he had already suffered 08 years & 22 days of jail sentence out of maximum 10 years as awarded by the learned trial Court.

The record of the case would demonstrate that the prosecution to prove guilt of the appellant has examined as many as 10 witnesses and exhibited documents (Ex. P/1 to P/24). The prosecution also exhibited the FSL report, report of medical examination of the victim and also application for calling medical examination of the victim.

The prosecution to prove their case has examined victim as PW-1 before the learned Trial Court wherein she has stated that the appellant has committed sexual intercourse with her without her will. Victim’s father has also examined before the Trial Court wherein he has stated that the appellant took her daughter/victim and committed rape with her due to which there was bleeding and swelling in private part of the victim.

The prosecution has also examined Dr. Smt. Vinita Dhruve Medical Officer District Durg as PW-7 who has given opinion that victim’s

3 / 3

hymen was ruptured and three was bleeding from her private part due to sexual intercourse.

The trial Court after appreciating the evidence and material on record, has convicted the appellant vide the impugned judgment for commission of offence as aforestated.

This Court has gone through the evidence and material placed on record and from the appreciation of the same, it is quite vivid that the finding recorded by the learned trial Court cannot be said to be unreasonable and contrary to the evidence brought on record by the prosecution proving the guilt of the appellant beyond reasonable doubt, therefore, the finding recorded by the trial Court cannot be said to be perverse, illegal or contrary which warrants interference by this Court.

In view of the above, the instant appeal stands dismissed on merit.

Sd/(Narendra Kumar Vyas) Judge

Manish