Chattisgarh High Court
Rajesh Kumar Hidko vs State Of Chhattisgarh on 13 April, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:16810-DB
NAFR
Digitally
signed by
BABLU
BABLU
RAJENDRA
RAJENDRA
BHANARKAR
BHANARKAR Date:
2026.04.14
HIGH COURT OF CHHATTISGARH AT BILASPUR
10:42:44
+0530
CRA No. 53 of 2024
Rajesh Kumar Hidko S/o Itwaru Ram Aged About 24 Years R/o
Schoolpara Duva, Police Chowki-Kacche, Thana- Bhanupratappur,
Distt- Uttar Batar Kanker (CG)
... Appellant
versus
State Of Chhattisgarh Through Police Station-Bhanupratappur, Distt-
Uttar Bastar, Kanker (CG)
... Respondent
For Appellant : Mr.C.K.Sahu, Advocate
For Respondent : Mr.Saurabh Sahu, Panel Lawyer
Hon’ble Shri Justice Ramesh Sinha, Chief Justice and
Hon’ble Shri Justice Ravindra Kumar Agrawal, Judge
Judgment on Board
Per Ramesh Sinha, CJ
13/04/2026
1. Today, the matter is listed for hearing on I.A.No.01/2023
application for suspension of sentence and grant of bail to the
appellant. However, with the consent of learned counsel for the
parties, the appeal itself is heard finally as the appellant is in jail
since 13.03.2023.
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2. The mother of the victim (PW-9) has appeared through DLSA,
Kanker and objected for grant of bail to the appellant.
3. This criminal appeal arises out of the judgment of conviction and
order of sentence dated 26.09.2023 passed by the Special Judge
(Protection of Children from Sexual Offences Act 2012),
Bhanupratappur in Special Criminal Case (POCSO Act)
No.17/2023, whereby the appellant has been convicted for
offence under Sections 450, 363 and 376AB of the Indian Penal
Code (hereinafter called as “IPC“) and sentenced to undergo RI
for ten years and fine of Rs.1000/-, in default of payment of fine to
further undergo RI for two months, RI for seven years and fine of
Rs.500/-, in default of payment of fine to further undergo RI for
one month and RI for life till natural death and fine of Rs.10,000/-,
in default of payment of fine to further undergo RI for six months.
4. The prosecution story, in brief, is that on 13.03.2023, the
complainant (the victim’s grandmother) appeared at Kachha
police post and provided oral information stating that she was a
resident of Duwa village and worked as a daily wage laborer. They
owned two houses. On 12.03.2023, after dinner, the family went to
sleep in their designated areas. She and her nine-year-old
granddaughter slept on the edge of the veranda (shade), and her
three-year-old granddaughter, PW-1, slept in the middle. The
victim’s parents had gone to sleep in their new house. Both exit
doors to their house were locked from the inside. She woke up at
3
4:00 A.M. to go to the bathroom and noticed that her
granddaughter was not in bed. She searched the house, both
inside and outside, but could not find her. She then gathered her
daughter-in-law, son and other family members and told them that
her granddaughter, the victim, had slept with her and she was
missing. All the members of her family gathered together and
searched all the places in the house once again and also asked
the victim’s parents who were sleeping in the new house, but the
victim was nowhere to be found. Her granddaughter, the victim, is
a 3-year-old girl, who has gone away somewhere without
informing her. She fears that some unknown person has
kidnapped her minor granddaughter, the victim.
5. On the basis of the above oral information of the complainant
(grandmother of the victim), an unnumbered First Information
Report (FIR) Ex.P.-7 was registered against an unknown person
under Section 363 IPC under unnumbered crime number 0/2023
at Police Post Kachha and the case was taken into investigation.
On appearing at Police Station Bhanupratappur for registration of
numbered crime, FIR No. 34/2023 Ex.P.-39 was registered under
Section 363 IPC and the case was taken into investigation. During
the investigation, after the recovery of the victim, her statement
was recorded by a female police officer and as per her statement,
on prima facie the accused / appellant being found to have
committed the said crime, after completing all the necessary
formalities and investigation work related to the investigation, a
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case was registered against the accused / appellant under
Sections 363, 450, 376AB IPC and Section 5 (d), 6 of the
Protection of Children from Sexual Offences Act, 2012 and filed
the charge-sheet before the competent jurisdictional Criminal
Court, which is registered as Special Criminal Case No. 17/2023.
6. On the basis of the charge sheet presented before the Court,
charges under Sections 450, 363, 376AB) of the IPC and Section
4 of the Protection of Children from Sexual Offences Act, 2012
have been framed against the accused / appellant and read out.
The accused denied the alleged offence and in his statement, he
claimed innocence and said that he was falsely implicated, but on
the question of evidence, he expressed no intention of giving any
evidence in his defence.
7. A total of 23 witnesses were called in support of the case from the
side of the prosecution – the victim (PW-1), victim’s father (PW-2),
Patwari Ashwani Sai (PW-3), victim’s grandmother (PW-4),
victim’s elder mother (PW-5), Dr. Nisha Vatti (PW-6), Muraha Ram
Dugga (PW-7), Dr. S.S. Nag (PW-8), victim’s mother (PW-9),
victim’s elder father (PW-10), Dr. Madhuri Gaur (PW-11),
Constable Revati Poya (PW-12), Dr. Ragini Mandavi (PW-13),
Head Constable Umitra Mandavi (PW-14). Outpost in-charge
Santosh Kumar Sahu (PW-15, Inspector Shashikala Uike (PW-
16), Constable Umendra Kumar Yadav (PW-17, Constable
Deepak Vadde (PW-18), Sub-Inspector Akhilesh Dhiwar (PW-19,
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Dr. Akanksha Gupta (PW-20, Milobai Dugga (PW-21), Constable
Nirmotin Katakwar (PW-22) and Ashok Kumar Uike (PW-23) have
been examined.
8. As documentary evidence in the case by the prosecution, consent
letter for examination of private parts of the victim Ex.P.-1, Patwari
Sightseeing Map Ex.P.-2, Panchnama Ex.P.-3, seizure of birth
certificate of the victim Ex.P.-4, Patwari Sightseeing Map Ex.P.-5,
Sightseeing Map and Panchnama prepared and sent report to the
Tehsildar Ex.P.-6, unnumbered First Information Report Ex.P.-7,
Spot Map Ex.P.-8 and Ex.P.-9, report of examination of private
parts of the victim Ex. P.-10. Private examination report of
Anukha’s clothes/lower underwear, Ex. P-12. Curie report of
Anukha’s underwear, Ex. P.-13. Surrender receipt of the victim ,
Ex. P. 14. Private examination report of Anukha’s private part, Ex.
P.-15, Curie report of documents related to the examination and
treatment of the victim, Ex. P.-16. Seizure memo of the victim’s
shirt, dock and underwear, Ex. P.-17. Complaint for private part
examination of the victim, Ex. P.-18. CD of the audio statement
recording of the victim, Seizure memo, Ex. P.-19 and original
diary, Sanha register, Ex. P.-20 have been marked as exhibits in
evidence.
9. Similarly, the prosecution has prepared the seizure panchnama of
the victim Ex.P.-21, recovery panchnama Ex.P.-22, arrest
panchnama of the accused Ex.P.-23, information regarding arrest
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Ex.P.-24, written complaint for examination of private parts of the
accused Ex.P.-25, report sent to the Tehsildar for preparation of
Patwari Nazri-Naksha Ex.P.-26, report regarding providing Curie
report Ex.P.-27, seizure memo of underwear and semen slide of
the accused Ex.P.-28, report sent regarding curie of documents
related to the treatment and diagnosis of the victim Ex.P.-29,
report sent for chemical examination of the seized articles Ex.P.-
30, receipt Ex.P.-31, chemical test report Ex.P.-32. Report sent
regarding providing bed head ticket of the victim Ex.P.-33. Seizure
note of two pieces vaginal smear and swab of the victim Ex.P.-34.
Seizure note of nail clippings and vaginal slide of the victim Ex.P.-
35. Seizure note of bed head ticket of the victim Ex.P.-36, First
Information Report Ex.P.-37 and genital examination report of the
prosecutrix Ex.P.-38 have been marked.
10. After appreciation of evidence available on record, learned trial
Court has convicted and sentenced the appellant as mentioned in
para 1 of the judgment. Hence, this appeal.
11. Learned counsel for the appellant submits that the impugned
judgment of conviction and the order of sentence passed by the
learned trial court are bad in law and on facts. There is no
evidence against the appellant, and the case of the prosecution is
based on surmises; hence, the appeal deserves to be allowed and
the appellant acquitted. He further submits that the learned trial
court has erred in believing the statement of the complainant, as
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there are a large number of contradictions among the statements
of the prosecution witnesses. He also contends that the appellant
has been falsely implicated in the crime in question and that the
trial court has stretched its imagination to a great extent beyond
what is permissible under the law in convicting the appellant.
Lastly, it is submitted that the sentence imposed on the appellant
is too harsh and cannot be sustained in law.
12. On the other hand, learned counsel for the State opposes the
submissions made by learned counsel for the appellant and
submits that the trial Court has rightly convicted and sentenced
the appellant, in which no interference is called for by this Court.
13. We have heard learned counsel for the parties, considered their
rival submissions made herein-above and went through the
records with utmost circumspection.
14. The first question for consideration before this Court would be,
whether the trial Court is rightly held that on the date of incident,
the victim was minor?
15. When a person is charged for offence punishable under the
POCSO Act, or for rape punishable in the Indian Penal Code, the
age of the victim is significant and essential ingredients to prove
such charge and the gravity of the offence gets changed when the
child is below 18 years, 12 years and more than 18 years. Section
2(d) of the POCSO Act defines the “child” which means any
person below the age of eighteen years.
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16. In the present case, the prosecution has seized birth certificate of
the victim (Ex.P-4), in which her date of birth is mentioned as
11.11.2019 and since defence has not challenged the
documentary and oral evidence presented by the prosecution
regarding the victim’s date of birth being 11.11.2019, it is
established that the age of the victim on the date of incident i.e.
12.03.2023 is 3 years, 4 months, and 1 day. Thus, at the time of
the incident, the victim is a minor girl below 12 years of age.
17. The next question for consideration before us is whether the
appellant has committed rape on minor victim ?
18. Rape has been defined in Section 375 of the IPC as follows :
“375. Rape.– A man is said to commit “rape” if he–
(a) penetrates his penis, to any extent, into the vagina,
mouth, urethra or anus of a woman or makes her to do
so with him or any other person; or
(b) inserts, to any extent, any object or a part of the
body, not being the penis, into the vagina, the urethra
or anus of a woman or makes her to do so with him or
any other person; or
(c) manipulates any part of the body of a woman so
as to cause penetration into the vagina, urethra, anus
or any part of body of such woman or makes her to do
so with him or any other person; or
(d) applies his mouth to the vagina, anus, urethra of a
woman or makes her to do so with him or any other
person,
9under the circumstances falling under any of the
following seven descriptions:
First. Against her will.
Secondly. Without her consent.
Thirdly. With her consent, when her consent has been
obtained by putting her or any person in whom she is
interested, in fear of death or of hurt.
Fourthly. With her consent, when the man knows that
he is not her husband and that her consent is given
because she believes that he is another man to whom
she is or believes herself to be lawfully married.
Fifthly. With her consent when, at the time of giving
such consent, by reason of unsoundness of mind or
intoxication or the administration by him personally or
through another of any stupefying or unwholesome
substance, she is unable to understand the nature and
consequences of that to which she gives consent.
Sixthly. With or without her consent, when she is
under eighteen years of age.
Seventhly. When she is unable to communicate
consent.
Explanation 1. For the purposes of this section,
“vagina” shall also include labia majora.
Explanation 2. Consent means an unequivocal
voluntary agreement when the woman by words,
gestures or any form of verbal or non-verbal
communication, communicates willingness to
participate in the specific sexual act:
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Provided that a woman who does not physically
resist to the act of penetration shall not by the reason
only of that fact, be regarded as consenting to the
sexual activity.
Exception 1. A medical procedure or intervention shall
not constitute rape.
Exception 2. Sexual intercourse or sexual acts by a
man with his own wife, the wife not being under fifteen
years of age, is not rape.”
19. The victim has been examined as PW-1. In para 2 of her
statement, the victim remains silent when asked about her age.
She stated that accused Rajesh took her to the fields. Accused
Rajesh took her to the fields and raped her. In para 3 the victim
replied that someone did something to you. What did you tell her
after that? The victim said that the accused, Rajesh, raped me. In
para 4 of her cross-examination, she stated that she has a
brother. His name is Babu. He admitted that she know her
parents’ names. The victim revealed her parents’ names. She do
not not go to Anganwadi, she go to school. She know how to
study. She slept in the forest that night. When asked where she
slept before going to the forest, she said she slept with her
grandmother. In para 5 of her cross-examination, she admitted
that it is dark at night. She also admitted that she slept with her
grandmother and was asleep. When the victim was asked that
you were asleep, then who took you away at night, you do not
know, in reply to which the victim pointed towards the accused.
11
She admitted that she did not know who took her away from the
house. The witness voluntarily said that she had to go after going
towards the fields and points towards the accused. In para 6 of
her cross-examination, she denied that she was alone in the
forest and crying. The victim points to the accused and explains.
She also denied that the accused, Rajesh, brought her while she
was crying alone in the forest.
20. Dr.Nisha Vatti (PW-6) has stated in her evidence that the victim
had a visible bruise on her back near the waist. The doctor has
opined that upon conducting the physical and genital examination
of the victim, she found that force was used to commit sexual
intercourse, but a definite opinion whether sexual intercourse took
place with her can be given only after the FSL report.
21. Dr.Madhuri Gour (PW-11) has stated in her evidence that the
victim had 2-3 scratches on her back. On internal examination,
she found that there were two small cuts on labia minora. There
was swelling on and above labia majora. The upper part of the
hymen was reddened. While answering question 1, she stated
that force found to have been applied to the private parts of the
victim, but it is not possible to say with certainty whether the force
was applied through the penis only. While answering question 3
she stated that his examination revealed cuts to the labia minora
and redness over the fossa and introitus. Her examination
12
indicates that all of the above indicated force was applied to the
victim’s genitals.
22. Dr.Akansha Gupta (PW-20) has stated in her evidence that there
was two or three abrasions on the victim’s back, measuring
approximately 5×0.5xm, 0.5×0.5 cm, 1×0.5cm and 2×0.5cm. The
labia majora were swollen. The external uninary tract was
swollen. There were two cuts on the labia minora, measuring
1×0.5 cm. The foreskin and introitus were swollen and red. The
hymen was swollen and had cuts at the 1:00 and 6:00 positions.
23. As per FSL report (Ex.P-32), semen stains and human sperm
were found in Article ‘G’ underwear and Article ‘H’ semen slide
seized from the appellant.
24. In the Indian society refusal to act on the testimony of the victim of
sexual assault in the absence of corroboration as a rule, is adding
insult to injury. A girl or a woman in the tradition bound non-
permissive society of India would be extremely reluctant even to
admit that any incident which is likely to reflect on her chastity had
ever occurred. She would be conscious of the danger of being
ostracized by the society and when in the face of these factors the
crime is brought to light, there is inbuilt assurance that the charge
is genuine rather than fabricated. Just as a witness who has
sustained an injury, which is not shown or believed to be self-
inflicted, is the best witness in the sense that he is least likely to
exculpate the real offender, the evidence of a victim of sex offence
13
is entitled to great weight, absence of corroboration
notwithstanding. A woman or a girl who is raped is not an
accomplice. Corroboration is not the sine qua non for conviction in
a rape case. The observations of Vivian Bose, J. in Rameshwar
v. The State of Rajasthan (AIR 1952 SC 54) were:
“The rule, which according to the cases has hardened
into one of law, is not that corroboration is essential
before there can be a conviction but that the necessity of
corroboration, as a matter of prudence, except where the
circumstances make it safe to dispense with it, must be
present to the mind of the judge…”.
25. A victim of a sex-offence cannot be put on par with an accomplice.
She is in fact a victim of the crime. The Evidence Act nowhere
says that her evidence cannot be accepted unless it is
corroborated in material particulars. She is undoubtedly a
competent witness under Section 118 and her evidence must
receive the same weight as is attached to an injured in cases of
physical violence. The same degree of care and caution must
attach in the evaluation of her evidence as in the case of an
injured complainant or witness and no more. What is necessary is
that the Court must be conscious of the fact that it is dealing with
the evidence of a person who is interested in the outcome of the
charge levelled by her. If the Court keeps this in mind and feels
satisfied that it can act on the evidence of the victim. There is no
rule of law or practice incorporated in the Indian Evidence Act,
1872 (in short ‘Evidence Act‘) similar to illustration (b) to Section
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114 which requires it to look for corroboration. If for some reason
the Court is hesitant to place implicit reliance on the testimony of
the victim it may look for evidence which may lend assurance to
her testimony short of corroboration required in the case of an
accomplice. The nature of evidence required to lend assurance to
the testimony of the victim must necessarily depend on the facts
and circumstances of each case. But if a victim is an adult and of
full understanding the Court is entitled to base a conviction on her
evidence unless the same is own to be infirm and not trustworthy.
If the totality of the circumstances appearing on the record of the
case discloses that the victim does not have a strong motive to
falsely involve the person charged, the Court should ordinarily
have no hesitation in accepting her evidence.
26. The Supreme Court in the matter of Ranjit Hazarika v. State of
Assam, AIR 1998 SC 635 has held that the evidence of a victim
of sexual assault stands almost on a par with the evidence of an
injured witness and to an extent is even more reliable. It must not
be overlooked that a woman or a girl subjected to sexual assault
is not an accomplice to the crime but is a victim of another
person’s lust and it is improper and undesirable to test her
evidence with a certain amount of suspicion, treating her as if she
were an accomplice.
27. The Supreme Court in the matter of Rai Sandeep @ Deenu v.
State of NCT of Delhi, 2012 (8) SCC 21 held as under:-
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“22. In our considered opinion, the ‘sterling witness’
should be of a very high quality and caliber whose
version should, therefore, be unassailable. The Court
considering the version of such witness should be in a
position to accept it for its face value without any
hesitation. To test the quality of such a witness, the status
of the witness would be immaterial and what would be
relevant is the truthfulness of the statement made by
such a witness. What would be more relevant would be
the consistency of the statement right from the starting
point till the end, namely, at the time when the witness
makes the initial statement and ultimately before the
Court. It should be natural and consistent with the case of
the prosecution qua the accused. There should not be
any prevarication in the version of such a witness. The
witness should be in a position to withstand the cross-
examination of any length and howsoever strenuous it
may be and under no circumstance should give room for
any doubt as to the factum of the occurrence, the
persons involved, as well as, the sequence of it. Such a
version should have co-relation with each and everyone
of other supporting material such as the recoveries made,
the weapons used, the manner of offence committed, the
scientific evidence and the expert opinion. The said
version should consistently match with the version of
every other witness. It can even be stated that it should
be akin to the test applied in the case of circumstantial
evidence where there should not be any missing link in
the chain of circumstances to hold the accused guilty of
the offence alleged against him. Only if the version of
such a witness qualifies the above test as well as all
other similar such tests to be applied, it can be held that
such a witness can be called as a ‘sterling witness’
16whose version can be accepted by the Court without any
corroboration and based on which the guilty can be
punished. To be more precise, the version of the said
witness on the core spectrum of the crime should remain
intact while all other attendant materials, namely, oral,
documentary and material objects should match the said
version in material particulars in order to enable the Court
trying the offence to rely on the core version to sieve the
other supporting materials for holding the offender guilty
of the charge alleged.”
28. The Supreme Court in the matter of Nawabuddin v. State of
Uttarakhand, (2022) 5 SCC 419 has held as under:-
“17. Keeping in mind the aforesaid objects and to
achieve what has been provided under Article 15 and 39
of the Constitution to protect children from the offences
of sexual assault, sexual harassment, the POCSO Act,
2012 has been enacted. Any act of sexual assault or
sexual harassment to the children should be viewed very
seriously and all such offences of sexual assault, sexual
harassment on the children have to be dealt with in a
stringent manner and no leniency should be shown to a
person who has committed the offence under the
POCSO Act. By awarding a suitable punishment
commensurate with the act of sexual assault, sexual
harassment, a message must be conveyed to the
society at large that, if anybody commits any offence
under the POCSO Act of sexual assault, sexual
harassment or use of children for pornographic purposes
they shall be punished suitably and no leniency shall be
shown to them. Cases of sexual assault or sexual
harassment on the children are instances of perverse
17lust for sex where even innocent children are not spared
in pursuit of such debased sexual pleasure.
18. Children are precious human resources of our
country; they are the country’s future. The hope of
tomorrow rests on them. But unfortunately, in our country,
a girl child is in a very vulnerable position. There are
different modes of her exploitation, including sexual
assault and/or sexual abuse. In our view, exploitation of
children in such a manner is a crime against humanity
and the society. Therefore, the children and more
particularly the girl child deserve full protection and need
greater care and protection whether in the urban or rural
areas.
19. As observed and held by this Court in State of
Rajasthan v. Om Prakash, (2002) 5 SCC 745, children
need special care and protection and, in such cases,
responsibility on the shoulders of the Courts is more
onerous so as to provide proper legal protection to these
children. In Nipun Saxena v. Union of India, (2019) 2
SCC 703, it is observed by this Court that a minor who is
subjected to sexual abuse needs to be protected even
more than a major victim because a major victim being
an adult may still be able to withstand the social
ostracization and mental harassment meted out by
society, but a minor victim will find it difficult to do so.
Most crimes against minor victims are not even reported
as very often, the perpetrator of the crime is a member
of the family of the victim or a close friend. Therefore,
the child needs extra protection. Therefore, no leniency
can be shown to an accused who has committed the
offences under the POCSO Act, 2012 and particularly
18when the same is proved by adequate evidence before a
court of law.”
29. Considering the statement of the victim (PW-1), FSL report
(Ex.P-32), material available on record, statements of Dr.Nisha
Vatti (PW-6), Dr.Madhuri Gour (PW-11) and Dr.Akansha Gupta
(PW-20) and the law laid down by the Supreme Court in the
above-stated judgments, we are of the considered opinion that
learned Special Judge has rightly convicted and sentenced the
appellant for the above-mentioned offences. We do not find any
illegality and irregularity in the findings recorded by the trial Court.
30. In the result, this Court comes to the conclusion that the
prosecution has succeeded in proving its case beyond all
reasonable doubts against the appellant. The conviction and
sentence as awarded by the Special Judge to the appellant is
hereby upheld. The present criminal appeal lacks merit and is
accordingly dismissed.
31. In view of above, I.A.No.01/2023 stands disposed of.
32. It is stated at the Bar that the appellant is in jail. He shall serve out
the sentence as ordered by the trial Court.
33. Registry is directed to send a certified copy of this judgment along
with the original record of the case to the trial court concerned
forthwith for necessary information and compliance and also send
a copy of this judgment to the concerned Superintendent of Jail
where the appellant is undergoing his jail sentence to serve the
19
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, if so advised, with the
assistance of High Court Legal Services Committee or the
Supreme Court Legal Services Committee.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Bablu
