Dhananjay Barle vs State Of Chhattisgarh on 9 April, 2026

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    Chattisgarh High Court

    Dhananjay Barle vs State Of Chhattisgarh on 9 April, 2026

    Author: Rajani Dubey

    Bench: Rajani Dubey

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                                                      2026:CGHC:16245
    
    
                                                                  NAFR
    
              HIGH COURT OF CHHATTISGARH AT BILASPUR
    
    
                             CRA No. 494 of 2008
    
    1 - Dhananjay Barle, S/o Mannu @ Dayaram Barle, Aged about 30
    
    years, R/o Banbarad, Ward No. 14, P.S. Nandini Nagar, District- Durg
    
    (C.G.)
    
                                                           ... Appellant
    
    
                                    versus
    1 - State of Chhattisgarh, through the SHO, Police Station- Nandini
    
    Nagar, District- Durg.
    
                                                        ... Respondent(s)

    For Appellant : Mr. Praveen Dhurandhar, Advocate
    For Respondent(s)/State : Mr. Himanshu Yadu, P.L.

    Hon’ble Smt Justice Rajani Dubey
    Judgment on Board
    09/04/2026

    SPONSORED

    1. The present appeal has been filed under Section 374(2) of the

    Code of Criminal Procedure against the judgment of conviction

    and order of sentence dated 31.03.2008 passed by the learned

    11th Additional Sessions Judge (Fast Track Court), Durg (C.G.) in
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    Sessions Trial No. 153/2007, whereby, the learned trial Court has

    convicted the appellant and sentenced him as under:-

    Conviction Sentence

    U/s 376 of IPC R.I. for 10 years and to pay a fine
    of Rs.5,000/- , in default of
    payment of fine, to further
    undergo R.I. for 1 year

    U/s 376 of IPC R.I. for 10 years and to pay a fine
    of Rs.5,000/- , in default of
    payment of fine, to further
    undergo R.I. for 1 year

    U/s 366 of IPC R.I. for 4 years and to pay a fine
    of Rs.1,000/-, in default of payment
    of fine, to further undergo rigorous
    imprisonment for 6 months.

    (All the sentences shall run
    concurrently)

    2. The prosecution case, in brief, is that the prosecutrix, a minor

    aged about 16 years, was employed in a contracting business and

    used to accompany the accused, who is a mason, for work at

    Hingna Road. On the date of the incident, i.e. 08.07.2007, at

    about 8:00 AM, the accused came to the house of the complainant

    and took the prosecutrix along with him on the pretext of going to

    work. However, the prosecutrix did not return to her home till 8:00

    PM on the same day. Upon making inquiries, the complainant

    came to know from one Khedva Sahu that the prosecutrix was last

    seen in the company of the accused, namely Dhananjay.
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    Thereafter, the complainant lodged a missing report of his

    daughter at Police Station Nandini. On the basis of the said report,

    a case under Sections 363 and 366 of the Indian Penal Code was

    registered and investigation was commenced. During the course

    of investigation, the prosecutrix was recovered from the house of

    the accused’s maternal uncle, namely Sundarlal, situated in

    village Gadadih and on the basis of information given by the

    prosecutrix, the accused had committed rape on her. The

    prosecutrix was thereafter subjected to medical examination with

    the consent of her father. The accused was apprehended and also

    medically examined. The clothes worn by the prosecutrix and the

    accused were seized. During the medical examination of the

    prosecutrix, vaginal slides were prepared and the same were sent

    to the Forensic Science Laboratory, Raipur, for chemical

    examination. Upon completion of investigation, a charge-sheet

    was filed against the appellant for the offences punishable under

    Sections 363, 366A, and 376 of the Indian Penal Code before the

    learned Trial Court. Thereafter, the learned Trial Court framed

    charges against the appellant under Sections 363, 366, and 376

    (on four counts) of the Indian Penal Code. The appellant denied

    the charges, pleaded not guilty and claimed to be tried in

    accordance with law.

    3. In order to establish the guilt of the accused/appellant, the

    prosecution examined as many as 11 witnesses. The statement of

    the accused/appellant was also recorded under Section 313 of the
    4

    Code of Criminal Procedure, wherein he denied all the

    incriminating circumstances put to him and pleaded innocence,

    alleging false implication in the case. The accused/appellant,

    however, did not lead any evidence in defence.

    4. Upon appreciation of the oral as well as documentary evidence

    available on record, the learned Trial Court, vide judgment dated

    31.03.2008, held the prosecution case to be proved and the

    evidence to be reliable and trustworthy. Consequently, the learned

    Trial Court convicted the accused/appellant for the offences

    punishable under Sections 366 and 376 (on two counts) of the

    Indian Penal Code and sentenced him as specified in paragraph 1

    of the impugned judgment. Hence, this appeal.

    5. Learned counsel for the appellant submits that the impugned

    judgment of conviction and sentence passed by the learned Trial

    Court is erroneous, illegal and unsustainable in law as well as on

    facts. The learned Trial Court has gravely erred in convicting and

    sentencing the appellant for the alleged offences, as the findings

    recorded are contrary to the material available on record and

    settled principles of law. It is further submitted that the First

    Information Report (FIR), which forms the very basis of the

    prosecution case, has not been duly exhibited in accordance with

    law, thereby vitiating the entire trial. The learned Trial Court failed

    to properly consider that the prosecutrix (P.W.-4) was more than

    16 years of age (approximately 16 years and 2 months) at the
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    time of the alleged incident. The surrounding circumstances, her

    conduct and the overall facts of the case clearly indicate that she

    had voluntarily consented to accompany the appellant and

    engage in the alleged act. In such circumstances, the conviction

    of the appellant under Section 376 of the Indian Penal Code is

    wholly unwarranted. Moreover, as per the statements of P.W.5

    (Mother) and P.W.6 (Father), the prosecutrix was about 20 years

    of age at the time of the incident. This material contradiction

    regarding age has not been properly appreciated by the learned

    Trial Court. If the prosecutrix was major, no offence under

    Sections 366A and 376 IPC is made out. It is also submitted that

    the prosecutrix had voluntarily accompanied the appellant from

    her place of work, out of her own free will and without any

    inducement, coercion, or threat. Hence, the essential ingredients

    of the alleged offences of abduction and rape are not established.

    In view of the aforesaid facts and circumstances, it is submitted

    that the findings, reasoning, conviction and sentence recorded by

    the learned Trial Court are perverse, bad in law and liable to be

    set aside.

    Reliance has been placed on the decision of Hon’ble

    Supreme Court in the matter of Keshav and another Vs. State of

    Maharashtra reported in 2025 SCC OnLine SC 989.

    6. On the other hand, learned State counsel submits that the

    impugned judgment of conviction and sentence passed by the
    6

    learned Trial Court is well-reasoned, lawful and based on proper

    appreciation of evidence on record. The prosecution has

    successfully proved its case beyond reasonable doubt. Minor

    discrepancies regarding age or procedural aspects like exhibition

    of FIR do not affect the core of the prosecution case. The

    testimony of the prosecutrix is reliable and sufficient to sustain

    conviction. The plea of consent is untenable in the facts and

    circumstances of the case. Hence, no interference is called for

    and the appeal deserves to be dismissed.

    7. Heard counsel for the parties and perused the material available

    on record.

    8. It is evident from the record of the learned Trial Court that charges

    were framed against the appellant under Sections 363, 366 and

    376 (on four counts) of the Indian Penal Code. Upon appreciation

    of the oral and documentary evidence adduced on record, the

    learned Trial Court convicted the appellant under Sections 376 (on

    two counts) and 366 of the IPC and sentenced him accordingly.

    9. As per the prosecution case, on the date of the alleged incident,

    the prosecutrix was below 18 years of age. The prosecutrix (P.W.-

    4), in her testimony, has stated that she was approximately 16

    years of age at the relevant time.

    10. The mother of the prosecutrix (P.W.-5), in her deposition, stated

    that her eldest son was about 24 years of age and the next

    younger son was about 22 years old. She further deposed that
    7

    thereafter another son was born, followed by the prosecutrix, each

    at an interval of approximately two years. She also stated that at

    the time of her deposition, her eldest son was about 26 years of

    age.

    11. The father of the prosecutrix (P.W.-6), in his deposition, stated

    that the year of birth of the prosecutrix is 1992. He denied the

    suggestion put to him that her year of birth is 1989 and asserted

    that he had duly got her date of birth registered. He further

    admitted that his eldest son is about 26 years of age and deposed

    that he has five children, each born at an interval of approximately

    two years.

    12. Khedvaram Sahu (P.W.-7) deposed that the prosecutrix was

    engaged in road construction work on a contractual basis.

    13. Nandkumar Verma (P.W.-3), a school teacher, stated that he

    produced the school discharge register (Ex.P/4). As per the said

    register, the name of the prosecutrix is entered at Serial No.

    77/3181, showing her date of admission as 11.07.2001 and her

    date of birth as 08.05.1991. He further proved the marksheet of

    the prosecutrix (Ex.P/5) and identified his signature thereon

    marked from ‘A’ to ‘A’..

    In his cross-examination, he admitted that he had not made

    the entry regarding the admission of the prosecutrix and had not

    obtained any certificate concerning her date of birth at the time of

    such entry. He further deposed that he was not aware of the basis
    8

    on which the date of birth of the prosecutrix was recorded in the

    school register.

    14. The Hon’ble Apex Court in the matter of Alamelu and another

    Vs. State, represented by Inspector of Police, (2011) 2 SCC 385

    observed in paras 40 & 48 of its judgment as under:

    “40. Undoubtedly, the transfer certificate, Ex.P16
    indicates that the girl’s date of birth was 15th June,
    1977. Therefore, even according to the aforesaid
    certificate, she would be above 16 years of age (16
    years 1 month and 16 days) on the date of the
    alleged incident, i.e., 31st July, 1993. The transfer
    certificate has been issued by a Government
    School and has been duly signed by the
    Headmaster. Therefore, it would be admissible in
    evidence under Section 35 of the Indian Evidence
    Act. However, the admissibility of such a document
    would be of not much evidentiary value to prove the
    age of the girl in the absence of the material on the
    basis of which the age was recorded.

    48. We may further notice that even with reference
    to Section 35 of the Indian Evidence Act, a public
    document has to be tested by applying the same
    standard in civil as well as criminal proceedings. In
    this context, it would be appropriate to notice the
    observations made by this Court in the case of
    Ravinder Singh Gorkhi Vs. State of U.P.4 held as
    follows:-

    15.

    “The age of a person as recorded in the school
    register or otherwise may be used for various
    purposes, namely, for obtaining admission; for
    obtaining an appointment; for contesting
    9

    election; registration of marriage; obtaining a
    separate unit under the ceiling laws; and even
    for the purpose of litigating before a civil forum
    e.g. necessity of being represented in a court
    of law by a guardian or where a suit is filed on
    the ground that the plaintiff being a minor he
    was not appropriately represented therein or
    any transaction made on his behalf was void
    as he was a minor. A court of law for the
    purpose of determining the age of a party to
    the lis, having regard to the provisions of
    Section 35 of the Evidence Act will have to
    apply the same standard. No different standard
    can be applied in case of an accused as in a
    case of abduction or rape, or similar offence
    where the victim or the prosecutrix although
    might have consented with the accused, if on
    the basis of the entries made in the register
    maintained by the school, a judgment of
    conviction is recorded, the accused would be
    deprived of his constitutional right under Article
    21
    of the Constitution, as in that case the
    accused may unjustly be convicted.”

    16. In light of the aforesaid decision of the Hon’ble Supreme Court,

    this Court finds that in the present case, no cogent and legally

    admissible evidence has been brought on record by the prosecution to

    establish that the prosecutrix was a minor on the date of the incident.

    Despite this, the learned Trial Court recorded a finding in the impugned

    judgment that she was a minor. Accordingly, the said finding is set

    aside, and this Court holds that the prosecution has failed to prove that
    10

    the prosecutrix was a minor at the relevant time.

    17. The prosecutrix (P.W.-4), in her deposition, stated that on the date

    of the incident, the accused came to her house and asked her to

    accompany him for work, whereupon she went with him. Thereafter, the

    accused took her to his sister’s house in village Khapri and

    subsequently to the house of his maternal uncle in village Bori. She

    further stated that while they were in village Bori, police personnel

    arrived in search of her, and thereafter both of them were taken to

    Ahiwara along with the police.

    In her cross-examination, the prosecutrix stated that had the

    police not arrived, she would not have returned and could have

    continued to stay with the accused at village Bori. She further admitted

    that while leaving with the accused, she did not inform anyone nor did

    she raise any alarm or disclose to any person during the journey that

    the accused had taken her forcibly.

    18. Dr. Smt. Mamta Pandey (P.W.-10), who medically examined the

    prosecutrix, deposed that no external or internal injuries were found on

    her body. She further stated that no definite opinion could be given

    regarding the commission of recent sexual intercourse. In this regard,

    she submitted her medical report, which is exhibited as Ex.P/12.

    19. In the matter of Keshav (supra), the Hon’ble Apex Court held in

    paras 9 and 10 as under:-

    “9. State of Punjab v. Gurmit Singh1, held that even without

    any corroboration, if the evidence of the prosecutrix inspires
    11

    confidence, it can be relied on and can also be the sole

    ground for conviction. However, if it is difficult to place

    implicit reliance on the testimony of the prosecutrix, then

    the Court has to look for evidence to lend assurance to her

    testimony which would be short of corroboration required in

    the case. The testimony of the prosecutrix must be

    appreciated in the background of the entire case, was the

    finding. Raju v State of M.P. 2, while reiterating the above

    principle also cautioned that while rape causes the greatest

    distress and humiliation, a false allegation of rape also can

    cause equal distress, humiliation and damage to the

    accused as well. The Court should be equally careful in

    protecting the accused from a false implication. While

    applying the broad principle that an injured witness, whose

    presence cannot be doubted, as she would ordinarily not

    lie, still there is no presumption or any basis for assuming

    that the statement of such a witness is always correct or

    without any embellishments.

    10. Looking at the totality of the circumstances and the

    entire story as narrated by the victims, PW 2 and PW 3, we

    find difficulty in accepting their testimony to be one having

    sterling quality. We cannot also say that the story as

    narrated by the victims inspires confidence. Looking for

    assurance, we find the entire narration to be unbelievable

    and not substantiated on its finer details. As we noticed,

    nobody is examined from the matrimonial house to speak
    12

    on the victims having left their residence without Informing

    their in-laws or their husbands. PW 4, as we noticed only

    speaks of having seen the victims along with the child

    travelling in a tempo, but he does not speak of the accused

    travelling along with them. Neither did he identify the

    accused in the dock nor was an attempt made by the

    prosecution to carry out such an identification, in Court.

    PWs 2 and 3 identified the accused and there was also a

    test identification parade carried out. However, their story of

    having been taken past Kurla and the rape in the deserted

    field does not inspire confidence. Likewise, the subsequent

    stay in Parbhani, that too for 15 days, is full of

    inconsistencies and police also did not carry out any

    investigation as to the place at which the victims stayed

    along with the child of two years.”

    20. Upon a close scrutiny and appreciation of the entire evidence on

    record, it becomes evident that the prosecutrix was a consenting party

    to the alleged act of the appellant. The material on record indicates that

    she voluntarily accompanied the appellant and stayed with him of her

    own free will. Further, in view of the finding already recorded by this

    Court that the prosecution has failed to establish that the prosecutrix

    was a minor on the date of the incident and considering the overall facts

    and circumstances of the case, no offence is made out against the

    appellant.

    21. In the result, the appeal is allowed. The impugned judgment dated
    13

    31.03.2008 passed by the learned Trial Court is hereby set aside. The

    appellant is acquitted of the charges under Sections 366 and 376 (on

    two counts) of the Indian Penal Code.

    22. The accused/appellant is reported to be on bail, therefore,

    keeping in view the provisions of Section 437-A of CrPC (481 of the

    B.N.S.S.), appellant is directed to furnish a personal bond in terms of

    form No.45 prescribed in the Code of Criminal Procedure for a sum of

    Rs.25,000/- with two reliable sureties in the like amount before the

    Court concerned which shall be effective for a period of six months

    alongwith an undertaking that in the event of filing of special leave

    petition against the instant judgment or for grant of leave, the aforesaid

    appellant on receipt of notice thereon shall appear before the Hon’ble

    Supreme Court.

    23. The trial Court record along with a copy of this judgment be sent

    back immediately to the trial Court concerned for compliance and

    necessary action .

    Sd/-

    (Rajani Dubey)
    JUDGE

    Ruchi
    Digitally signed by RUCHI
    RUCHI YADAV YADAV



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