DINESH KUMAR JALDHARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard learned Advocate Ms. Varnika Gupta for the Appellant and learned Advocate Ms. Ankita Sharma for the respondent who appeared through video conferencing.

(2.) At the instance of appellant-convict, the challenge in this present appeal is addressed to judgment and order dtd. 6/3/2025 of the High Court of Chhattisgarh in CRA No. 1348 of 2023. Thereby the High Court dismissed the appeal before it and confirmed judgment and order dtd. 18/4/2023 of learned Special Judge (POCSO), Kunkuri, District Jashpur, Chhattisgarh in Special Case No. 17 of 2021.

(3.) Stated in nutshell, as the prosecution case goes, the incident of commission of crime took place on 15/8/2021. The mother of the victim reported that her husband returned home with one Virendra and appellant Dinesh Ram, after collecting the coal wood. It was around 4:30 p.m. when the mother of the victim went inside to give food to the appellant and at that time, she found that the appellant had wore only half short (Chadda) and was sitting near the legs of her minor daughter aged 4 years. On being questioned and confronted by the mother, the appellant fled away. The mother (PW-3) noticed that the clothing of her daughter had gone inappropriate, and that her daughter was crying in pain. The victim told her that she had pain in her private part. The mother found the private part of the daughter to be wet.