Naresh Kumar Patel vs State Of Chhattisgarh on 8 July, 2026

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    Chattisgarh High Court

    Naresh Kumar Patel vs State Of Chhattisgarh on 8 July, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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                          CGHC010123112022                                      2026:CGHC:28121-DB
    
                                                                                                NAFR
    
                                       HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                                     CRA No. 645 of 2022
    
                          Naresh Kumar Patel S/o Ramayan Prasad Patel Aged About 20 Years R/o
                          Village Tundra, P.S.- Gidhouri, District - Baloda Bazar-Bhatapara,
                          Chhattisgarh.
                                                                                          ... Appellant
                                                            versus
    
                          State Of Chhattisgarh Through - S.H.O. Of P.S. - Gidhouri-Tundra, District -
                          Baloda-Bazar-Bhatapara, Chhattisgarh.
                                                                                       --- Respondent

    (Cause title taken from Case Information System)

    For Appellant : Mr. Hemant Gupta, Advocate

    SPONSORED

    For Respondent/State : Mr. Ashish Shukla, Addl. A.G.

    Hon’ble Shri Ramesh Sinha, Chief Justice
    Hon’ble Shri Ravindra Kumar Agrawal, Judge

    Judgment on Board
    Per Ramesh Sinha, Chief Justice

    08/07/2026

    1. This criminal appeal under Section 374(2) of the Code of Criminal

    Procedure, 1973 has been preferred by the appellant assailing the

    judgment of conviction and order of sentence dated 26.03.2022
    Digitally
    signed by

    passed by the learned Additional Sessions Judge, FTSC, POCSO
    VED
    VED PRAKASH
    PRAKASH DEWANGAN
    DEWANGAN Date:

    2026.07.14
    20:03:19
    +0530

    Act, Baloda Bazar, in Special Criminal Case (POCSO) No. 25/2019,
    2

    whereby the appellant has been convicted and sentenced in the

    following manner:-

                     Conviction                           Sentence
    
          U/s. 377 of the IPC                  R.I. for 10 years and fine of Rs.
                                               500/-, in default of payment of
                                               fine additional R.I. for one year.
    
          U/s. 6 of the Protection of          R.I. for 20 years and fine of Rs.
          Children from Sexual Offences        500/-, in default of payment of
          Act, 2012 (in short 'POCSO Act')     fine additional R.I. for one year.
    
          U/s. 12 of the POCSO Act             R.I. for 3 years and fine of Rs.
                                               300/-, in default of payment of
                                               fine additional R.I. for 3 months.
    
    

    All the sentences are directed to run concurrently.

    2. The prosecution case, in brief, is that on 12.05.2019, PW-1/father of

    the victim lodged a written complaint (exhibit P-1) to the police with

    the allegation that on 11.05.2019, at about 8:00 p.m. his minor son

    was dancing in a marriage ceremony in front of his house, but he

    was missing from there. His friend informed him that the appellant

    took him towards field and while searching him, he was found near

    vicinity and disclosed that the appellant tried to make carnal

    intercourse, then he lodged the report. Based on the said complaint,

    the FIR (exhibit P-2) was registered against the appellant for the

    offence under Sections 377, 511 of the IPC and Section 8 of the

    Protection of Children from Sexual Offences Act, 2012 (in short

    POCSO Act‘). The victim boy was sent for his medical examination,

    to Primary Health Centre, Barpali, District Baloda Bazar-Bhatapara,

    where he was medically examined by the doctor, however no injury
    3

    has been found on the body of the victim boy. Spot map (exhibit P-3)

    was prepared by the police and exhibit P-4 was prepared by the

    patwari. The underwear of the victim boy was seized vide seizure

    memo (exhibit P-7). With respect to the age of the victim boy, his

    birth certificate (exhibit P-12) was seized vide seizure memo (exhibit

    P-8) and according to the birth certificate, the date of birth of the

    victim boy is 26.05.2012. The birth register has also been seized

    from Nagar Panchayat, Tundra vide seizure memo (exhibit P-9). The

    appellant was arrested on 12.05.2019, and he too was sent for

    medial examination to Primary Health Center, Barpali and on his

    medical examination, the doctor found him able to do sexual

    intercourse. The underwear of the appellant has also been seized

    vide seizure memo (exhibit P-15). The underwear of the victim boy

    and the appellant were sent for its query report to the doctor, who

    gave their query reports (exhibit P-22 and P-25, respectively) and

    referred for its chemical examination from the FSL. Both these

    underwear of the victim boy and the appellant were sent to the State

    FSL Raipur, from where report (exhibit P-30) was received. As per

    the FSL report, no semen or sperm was found on the sent articles.

    Statement of the victim boy under Section 164 of CRPC and under

    Section 161 of CRPC of the witnesses have been recorded and after

    completion of usual investigation, charge sheet was filed before the

    learned trial Court for the offence under Sections 377 and 511 of the

    IPC and Sections 8, 12 and 18 of the POCSO Act.

    3. The learned trial Court vide order dated 30.08.2019, framed charge

    against the appellant for the offence under Sections 377 and 511 of
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    the IPC and Sections 8, 12 and 18 of the POCSO Act. The charge

    against the appellant was amended on 25.03.2022 and in place of

    charge under Sections 377/511 of the IPC, the charge of Section 377

    of the IPC has been framed. Likewise, in place of charge under

    Sections 8, 12 and 18 of the POCSO Act, the charge under Sections

    6 and 12 of the POCSO Act has been framed. The appellant denied

    the charge and claimed trial.

    4. In order to bring home the charges, the prosecution examined 14

    witnesses and exhibited documents. Statement of the appellant

    under Section 313 CRPC was also recorded, wherein he denied all

    incriminating circumstances appearing against him, pleaded

    innocence and submitted that he has been falsely implicated in the

    offence. No defence evidence was adduced by the appellant.

    5. After appreciation of oral and documentary evidence led by the

    prosecution, the learned trial Court convicted the appellant and

    sentenced him as has been mentioned in the earlier part of this

    judgment. Hence this appeal.

    6. Learned counsel for the appellant would submit that, the prosecution

    has failed to prove its case beyond reasonable doubt. There are

    material omissions and contradictions in the evidence of prosecution

    witnesses and the same cannot made basis to convict the appellant

    in the offence in question. He would also submit that initially the case

    of the prosecution case was attempt to commit unnatural offence with

    the victim boy, however the allegation was subsequently exaggerated

    and the offence of commission of unnatural offence with the victim
    5

    boy was alleged. As per the FIR, the prompt report has been lodged

    and the victim boy was immediately medically examined by the

    doctor, but there is no external or internal injury found on the body of

    the victim boy, which falsified the entire case of the prosecution. He

    would also submit that, even in the FSL report, no semen or sperm

    were found, which also proved the false implication of the appellant.

    The victim boy (PW-2) and his friends i.e. PW-4 and PW-5 were the

    tutored witnesses and their evidence cannot be relied for conviction

    of the appellant. There are material inconsistencies in the evidence

    of the prosecution witnesses, and there was sufficient reason for

    false implication of the appellant, as there was a dispute between the

    father of the victim boy and the appellant on the issue of eating

    snacks from the snacks cart of the father of the victim boy. He would

    further submit that, the evidence produced by the prosecution is not

    of that quality to inspire confidence upon the court on the evidence of

    the witnesses, therefore, the appellant is entitled for benefit of doubt

    and acquittal from the alleged offence.

    7. Per contra, learned counsel appearing for the State vehemently

    opposes the submissions made by learned counsel for the appellant

    and would submit that the prosecution has proved its case beyond

    reasonable doubt. But for minor omission or contradiction, the

    evidence of prosecution witnesses are sufficient to hold the appellant

    guilty for the alleged offence. A prompt report has been lodged by the

    victim boy. Even if no injury is found on the body of the victim boy,

    that itself is not sufficient to disbelieve the evidence of the victim boy

    and other witnesses. He would further submit that the absence of
    6

    injury on the victim are not the determinative factor that the appellant

    has been falsely implicated. He would further submit that there is no

    reason for false implication of the appellant that too the minor victim

    and his friends. A general hot talks during eating of snacks on credit

    from the snacks cart of the father of the victim boy are not sufficient

    to falsely implicate the appellant. There are sufficient and

    overwhelming evidence in the case, which proved the involvement of

    the appellant in the offence in question and the learned trial Court

    has rightly convicted and sentenced him for the alleged offence and

    the appeal does not have any merit and is liable to be dismissed.

    8. We have heard learned counsel for the parties and considered their

    rival submissions made herein above and also gone through the

    records of the trial court with utmost circumspection.

    9. PW-2 is the victim boy, aged about 6 years. After making preliminary

    inquiry of his IQ, the learned trial Court after satisfying itself recording

    the evidence of the victim boy. He stated in his evidence that, at the

    time when he was sitting near Nagraj hotel, the appellant took him to

    shop on the pretext to purchase the foam for celebrating dance.

    Thereafter, he took him towards field and tried to make carnal

    intercourse after removing his clothes. When he tried to shout, he

    gagged his mouth and pressed his neck. After sometime, he left him

    near Guru shop and he went towards his house. On the way, he met

    with his father, and then he disclosed the incident to him. His father

    has lodged report to the police.

    7

    ******* In cross-examination he stated that, the place where the

    appellant took him, was not visible due to its darkness. He received

    multiple injuries due to embedding of thorns. He denied his presence

    near the marriage place and enjoying the DJ. In para 26 and 27 of

    his further cross-examination, he admitted that he was being tutored

    by his father, as to what are to be spoken in the court.

    10. PW-4 is the friend of the victim boy. He stated in his evidence that at

    the time when they were in the marriage function, the appellant

    allured the victim boy for giving chocolate and took him towards field

    and in the field, he removed his underwear. In cross-examination, he

    admitted that at the marriage place, there was a mob of 100-150

    persons. He admitted that he did not know what was the

    conversations between the appellant and the victim boy and he did

    not know, as to whether the appellant gave chocolate to the victim

    boy or not. He also admitted that, he had not seen the appellant and

    the victim boy together and he has not witnessed anything. He also

    admitted that he was being tutored earlier.

    11. PW-5 is another friend of the victim boy. He too has stated that at the

    time, when they were at the marriage function, the appellant took the

    victim boy towards field. However, in his cross-examination, he

    resiled from his examination in chief and admitted that he did not

    know about conversation between the appellant and the victim boy

    and the appellant was present in the marriage place and participated

    in warm welcome of the persons. He too has admitted that he was

    being tutored by the counsel and accordingly he made his statement.
    8

    12. From the testimony of all these three witnesses, including the victim,

    it is evident that they deposed before the Court in accordance with

    what they had been tutored to state. The evidence of child witness is

    to be examined carefully, as they easily be tutored by the persons

    interested, which are against the accused.

    13. In the matter of “State of Karnataka v. Shantappa Madivalappa

    Galapuji and Ors.” 2009(12) SCC 731, the Hon’ble Supreme Court

    in Para 15 has held as under:-

    “15. “6….. The Indian Evidence Act, 1872 (in
    short “the Evidence Act“) does not prescribe any
    particular age as a determinative factor to treat a
    witness to be a competent one. On the contrary,
    Section 118 of the Evidence Act envisages that all
    persons shall be competent to testify, unless the
    court considers that they are prevented from
    understanding the questions put to them or from
    giving rational answers to these questions,
    because of tender years, extreme old age,
    disease — whether of mind, or any other cause of
    the same kind. A child of tender age can be
    allowed to testify if he has intellectual capacity to
    understand questions and give rational answers
    thereto. This position was concisely stated by
    Brewer, J. in Wheeler v. United States (159 US

    523). The evidence of a child witness is not
    required to be rejected per se, but the court as a
    rule of prudence considers such evidence with
    close scrutiny and only on being convinced about
    the quality thereof and reliability can record
    conviction, based thereon. [See Suryanarayana v.

    State of Karnataka (2001 (9) SCC 129)]
    9

    7. In Dattu Ramrao Sakhare v. State of
    Maharashtra
    [(1997) 5 SCC 341] it was held as
    follows: (SCC p. 343, para 5):

    “5. ….. A child witness if found competent to
    depose to the facts and reliable one such
    evidence could be the basis of conviction. In
    other words even in the absence of oath the
    evidence of a child witness can be considered
    under Section 118 of the Evidence Act provided
    that such witness is able to understand the
    questions and able to give rational answers
    thereof. The evidence of a child witness and
    credibility thereof would depend upon the
    circumstances of each case. The only precaution
    which the court should bear in mind while
    assessing the evidence of a child witness is that
    the witness must be a reliable one and his/her
    demeanour must be like any other competent
    witness and there is no likelihood of being
    tutored.”

    The decision on the question whether the child
    witness has sufficient intelligence primarily rests
    with the trial Judge who notices his manners, his
    apparent possession or lack of intelligence, and
    the said Judge may resort to any examination
    which will tend to disclose his capacity and
    intelligence as well as his understanding of the
    obligation of an oath. The decision of the trial
    court may, however, be disturbed by the higher
    court if from what is preserved in the records, it is
    clear that his conclusion was erroneous. This
    precaution is necessary because child witnesses
    are amenable to tutoring and often live in a world
    of make-believe. Though it is an established
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    principle that child witnesses are dangerous
    witnesses as they are pliable and liable to be
    influenced easily, shaken and moulded, but it is
    also an accepted norm that if after careful
    scrutiny of their evidence the court comes to the
    conclusion that there is an impress of truth in it,
    there is no obstacle in the way of accepting the
    evidence of a child witness.

    The above position was highlighted in Ratansingh
    Dalsukhbhai Nayak v. State of Gujarat
    (2004(1)
    SCC 64).”

    14. The law relating to appreciation of the testimony of a child witness is

    well settled. In Dattu Ramrao Sakhare v. State of Maharashtra,

    (1997) 5 SCC 341, the Hon’ble Supreme Court held that a child

    witness, if found competent under Section 118 of the Evidence Act

    and capable of understanding the questions put to him and giving

    rational answers, is a competent witness and conviction can be

    based on such testimony, provided it is found reliable. In Panchhi v.

    State of U.P., (1998) 7 SCC 177, it was observed that while the

    evidence of a child witness is not to be rejected merely because of

    his tender age, the Court must exercise greater circumspection since

    a child is susceptible to influence and tutoring. The same principle

    was reiterated in Ratansingh Dalsukhbhai Nayak v. State of

    Gujarat, (2004) 1 SCC 64, wherein it was held that though a child

    witness is a competent witness, the Court must be satisfied that the

    testimony bears the impress of truth and is free from the possibility of

    tutoring. Again, in State of Karnataka v. Shantappa Madivalappa

    Galapuji, (2009) 12 SCC 731, the Hon’ble Supreme Court reaffirmed

    that the evidence of a child witness must be subjected to close
    11

    scrutiny and can safely form the basis of conviction only when it

    inspires confidence and there is no likelihood of the witness having

    been tutored or influenced. Thus, the consistent judicial approach is

    that while the testimony of a child witness is not to be discarded

    merely on account of age, it must be evaluated with greater caution,

    particularly where the record itself discloses circumstances indicating

    tutoring or external influence.

    15. In the present case, the victim (PW-2) has admitted in his cross-

    examination that he was tutored by his father before entering the

    witness box. PW-4 and PW-5 have also admitted that they had been

    tutored. These admissions strike at the spontaneity and independent

    character of their testimony. Consequently, their evidence cannot be

    accepted at its face value and requires independent corroboration. In

    the absence of such corroboration from the medical and forensic

    evidence, it would be unsafe to sustain the conviction solely on their

    testimony.

    16. PW-1 is the father of the victim boy. He stated in his evidence that the

    appellant took his minor son after giving allurement to give him

    chocolate, when his friend informed him about the fact of taking his

    son by the appellant, he started searching him and found him near

    ATM in the village. His son informed him about the incident of carnal

    intercourse by the appellant. He also informed about threatening

    given by the appellant to the victim boy. When he has gone to the

    house of the appellant, he ran away from his house, thereafter, he

    lodged the report. He gave a written complaint to the police and the
    12

    FIR (exhibit P-2) was lodged. The police has seized the birth

    certificate of his son.

    ******* In cross-examination, he admitted that at the place of

    marriage function, there was a mob of persons, who were the

    invitees. He had not seen the appellant there. The friends of his son

    informed about his missing. Though a suggestion was given to this

    witness that the appellant has eaten snacks from his snacks cart and

    has not paid amount, there was a quarrel on that issue, but he

    denied. He admitted that he himself had not seen both of them

    together. There was injury on the buttock and both the hands of his

    son and 8-10 thorns were embedded. He get the written complaint

    typed at 9:00-10:00 a.m. in the next morning. In further cross-

    examination, certain discrepancies have come with that of his 161

    CRPC statement (exhibit D-1). This witness has also stated that, he

    noticed injuries on the body of the victim boy, when met while

    searching him.

    17. PW-3 is the mother of the victim, who stated in her evidence that her

    minor son had gone to the marriage function and about 8:00 p.m. the

    son of her brother-in-law informed about his missing and then they

    started searching him. When her son was found near ATM, he

    disclosed about the incident that the appellant committed unnatural

    sexual intercourse with him. He also informed that he dragged him

    on the thorns by which number of thorns have embedded on his

    body. In cross-examination, she admitted that she herself had not

    seen both of them together. There is also various omissions and
    13

    contradictions admitted by her with that of her 161 CRPC statement

    (exhibit D-2).

    18. PW-6 is the uncle of the father of the victim boy. He was being

    informed by the father of the victim boy about the incident, but he has

    turned hostile and not supported the allegation. He admitted in his

    cross-examination that, the appellant had given chocolate to the

    victim boy, on which his family members got annoyed and they

    scolded the appellant. When he protested, they started beating him

    and when the appellant about to go for lodging the report to the

    police, then they discussed for lodging of the report against the

    appellant. Before lodging of the report, they also take advise from

    their counsel.

    19. PW-7 is the cousin brother of PW-1, he stated in his evidence that on

    the place of marriage function, when the victim boy was not seen,

    they started searching him and his son informed that the victim boy

    was being taken by the appellant. After sometime, he was found near

    ATM and informed about the incident of unnatural sexual intercourse

    by the appellant with him, thereafter they lodged the report. In cross-

    examination he admitted that, he had not seen the appellant on the

    spot. He also admitted that, when the victim boy was found, he

    written statement not disclosed the name of the appellant and only

    informed that, the friend of his father has taken him. He also

    contradict his 161 CRPC statement (exhibit D-3).

    20. PW-8 has stated in his evidence that on the date of incident, he had

    gone to the marriage function in the village. The appellant was in
    14

    drunken condition and he took the victim boy towards the field after

    alluring him to give chocolate. After some time, when he was at the

    house of the complainant, the victim came there and informed about

    the incident. This witness has declared hostile and while leading

    question asked by the prosecution, he stated that the father of the

    victim boy informed him about the injuries on the body of the victim

    boy. In cross examination, he admitted that he had not seen the

    victim boy and the appellant together. He further admitted that he had

    not made any statement to the police and if his statement has been

    filed by the police, he did not know about the same. He also admitted

    that he disclosed the incident first time before the court.

    21. PW-9 is the clerk posted at Nagar Panchayat, Tundra, who has taken

    the register of the office of the Registrar, Births and Deaths and

    proved the birth date of birth of the victim boy. He proved the register

    (exhibit P-16) and it is attested to copy is exhibit P-16C. Since the

    age of the victim boy is not disputed by the appellant, his evidence,

    though much have significant about the age, but would not be

    necessary to deal here.

    22. PW-10 is the witness of seizures (exhibit P-7 to P-9), however,

    considering the fact that he had not supported the prosecution’s

    case, leading question was asked by the prosecution and then he

    admitted the seizures made vide the documents (exhibit P-7 to P-9

    and also P-15). In cross examination, he again diluted his evidence

    and stated that on the instance of the police personnel, he signed the

    documents and therefore, his evidence is shaky.
    15

    23. PW-11, PW-12, PW-13 and PW-14 are the procedural witnesses,

    who stated about their part of the investigation, which they

    participated including the spot map prepared by Patwari.

    24. From the overall evidence available in the record, there is missing of

    a specific and clinching evidence against the appellant that he had

    taken the victim boy and committed unnatural sexual intercourse with

    him. The victim boy was immediately medically examined by the

    doctor and no injuries have been found on his body. Even in the FSL

    report, no semen and sperm were found on the underwear of the

    victim or the appellant.

    25. It is true that in the prosecutions involving unnatural sexual offenses,

    the absence of injuries on the body of the victim, is not by itself

    sufficient to discard the prosecution case. However, where the

    medical evidence fails to lend any support to the prosecution version

    and it is considered along with the material contradictions, omissions

    and inherent improbabilities appearing in the testimony of the

    prosecution witnesses, the absence of injuries assumes considerable

    significance. In the present case, he victim was aged about 6 years

    and he stated about injuries on his body. His father (PW-1) and other

    witnesses have also stated about presence of the injuries on his

    body and while he was medically examined immediately, no injuries

    have been found on his body. The allegation is of forcible

    commission of offence punishable under Section 377 of IPC.

    Nevertheless, the medical examination does not disclose any

    external or internal injury on the body of the victim including the anal

    region nor any sign of suggestive of penetration or use of force. The
    16

    medical evidence, therefore, does not corroborate the ocular version,

    though conviction can undoubtedly be based on sole testimony of the

    victim if it inspires complete confidence, where such testimony is not

    wholly reliable and remains uncorroborated by the medical evidence,

    the Court must seek assurance before recording a conviction. In the

    present case, the cumulative effect of the absence of medical

    corroboration coupled with the material discrepancies in the

    prosecution evidence creates a reasonable doubt regarding the

    prosecution story. It is a settled principle of law that if two views are

    reasonably possible on the evidence adduced, the one favourable to

    the accused must prevail.

    26. In the case of Radhu v. State of Madhya Pradesh, 2007 (12) SCC

    57, the Hon’ble Supreme Court has observed that:

    “6. It is now well settled that a finding of guilt in a
    case of rape, can be based on the
    uncorroborated evidence of the prosecutrix. The
    very nature of offence makes it difficult to get
    direct corroborating evidence. The evidence of
    the prosecutrix should not be rejected on the
    basis of minor discrepancies and contradictions.
    If the victim of rape states on oath that she was
    forcibly subjected to sexual intercourse, her
    statement will normally be accepted, even if it is
    uncorroborated, unless the material on record
    requires drawing of an inference that there was
    consent or that the entire incident was improbable
    or imaginary. Even if there is consent, the act will
    still be a ‘rape’, if the girl is under 16 years of age.
    It is also well settled that absence of injuries on
    the private parts of the victim will not by itself
    17

    falsify the case of rape, nor construed as
    evidence of consent. Similarly, the opinion of a
    doctor that there was no evidence of any sexual
    intercourse or rape, may not be sufficient to
    disbelieve the accusation of rape by the victim.
    Bruises, abrasions and scratches on the victim
    especially on the forearms, writs, face, breast,
    thighs and back are indicative of struggle and will
    support the allegation of sexual assault. The
    courts should, at the same time, bear in mind that
    false charges of rape are not uncommon. There
    have also been rare instances where a parent
    has persuaded a gullible or obedient daughter to
    make a false charge of a rape either to take
    revenge or extort money or to get rid of financial
    liability. Whether there was rape or not would
    depend ultimately on the facts and circumstances
    of each case. ”

    27. Further, in the case of Raju and others v. State of Madhya

    Pradesh, 2008 (15) SCC 133, the Hon’ble Supreme Court has

    observed that:

    “11. It cannot be lost sight of that rape causes the
    greatest distress and humiliation to the victim but
    at the same time a false allegation of rape can
    cause equal distress, humiliation and damage to
    the accused as well. The accused must also be
    protected against the possibility of false
    implication, particularly where a large number of
    accused are involved. It must, further, be borne in
    mind that the broad principle is that an injured
    witness was present at the time when the incident
    happened and that ordinarily such a witness
    would not tell a lie as to the actual assailants, but
    18

    there is no presumption or any basis for
    assuming that the statement of such a witness is
    always correct or without any embellishment or
    exaggeration.”

    28. After considering the entire evidence on record, we are of the opinion

    that the prosecution has not proved the guilt of the appellant beyond

    reasonable doubt. It is true that a conviction in a sexual offence case

    can be based on the sole testimony of the victim if it is found to be

    trustworthy and reliable. However, in the present case, the victim

    (PW-2), as well as PW-4 and PW-5, admitted during their cross-

    examination that they had been tutored before giving evidence.

    Therefore, their testimony requires careful scrutiny and independent

    corroboration. The medical examination of the victim, conducted

    immediately after the incident, did not reveal any external or internal

    injury, including any injury to the anal region. Further, the FSL report

    did not detect semen or sperm on the underwear of either the victim

    or the appellant. Though the absence of injuries or forensic evidence

    is not by itself sufficient to reject the prosecution case, in the present

    case these circumstances, read together with the admissions

    regarding tutoring and the material contradictions and omissions in

    the prosecution evidence, create a reasonable doubt about the

    prosecution story.

    29. It is a settled principle of criminal law that the prosecution must prove

    its case beyond reasonable doubt. If the evidence gives rise to two

    possible views, the one favourable to the accused must be adopted.

    In the facts of the present case, the evidence led by the prosecution
    19

    does not inspire confidence to sustain the conviction of the appellant.

    Therefore, the appellant is entitled to the benefit of doubt.

    30. Accordingly, the appeal is allowed. The judgment of conviction and

    order of sentence dated 26.03.2022 passed by the learned Additional

    Sessions Judge, FTSC (POCSO), Baloda Bazar, in Special Criminal

    Case (POCSO) No. 25/2019 are set aside. The appellant is

    acquitted of all the charges by extending the benefit of doubt.

    31. The appellant is reported to be in jail since 12.05.2019. He be

    released forthwith, if not required in any other case.

    32. Keeping in view the provisions of Section 481 of the Bharatiya

    Nagarik Suraksha Sanhita, 2023, the appellant is directed to furnish

    a personal bond for a sum of Rs. 25,000/- with one surety in the like

    amount before the Court concerned, which shall remain effective for

    a period of six months.

    33. Registry is directed to transmit the trial Court record along with a

    copy of this judgment to the Court concerned forthwith for information

    and necessary compliance.

                           Sd/-                                               Sd/-
                 (Ravindra Kumar Agrawal)                                (Ramesh Sinha)
                          Judge                                            Chief Justice
    
    ved
     



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