The Chhattisgarh High Court dismissed an appeal and upheld the conviction of 26-year-old Shani Kumar Chauhan for abducting and repeatedly raping a minor girl, finding the victim’s testimony supported by medical and forensic evidence to be reliable. The two-judge bench Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru agreed with the trial court that the prosecution proved its case beyond reasonable doubt and confirmed the sentences imposed under multiple provisions of the Indian Penal Code and the POCSO Act.
According to the judgment, the girl who consistently stated her age as about 11 years went missing from her village on 10 December 2019 and was later recovered from a brick kiln in Bagoda in the company of the appellant. The High Court found the documentary record (including a birth certificate seized during investigation) together with her statements under Sections 161 and 164 Cr.P.C., to establish that she was a minor at the time of the offence. The medical report recorded hymenal injury and signs suggestive of forced sexual intercourse, while the forensic laboratory report detected human semen on the vaginal slide and other exhibits, strengthening the prosecution’s case.
The appellant had been convicted by the Special Judge (POCSO Act) Saraipali on 13 May 2022 and sentenced to concurrent terms including rigorous imprisonment for 20 years under Section 376(3) IPC (and corresponding punishment under Section 6 of the POCSO Act), seven years under Section 366-A IPC, and five years under Section 363 IPC. The High Court carefully reviewed the trial record and the arguments on contradictions and alleged defects in proof of age, but it concluded that minor inconsistencies did not undermine the core, consistent account given by the victim and corroborated by medical and forensic findings.
In addressing the defence contention about delayed issuance of the birth certificate and whether it should be accepted as proof of age, the bench observed that a birth certificate issued prior to the alleged incident even if issued some years after birth cannot be discarded on mere technicalities when other compelling evidence supports the victim’s age. The court applied settled principles on the quality of a prosecutrix’s testimony and the circumstances where a single witness’s evidence can be treated as a “sterling” account capable of supporting a conviction.
The judgment emphasizes that, in sexual-offence matters, courts must examine the totality of evidence. Here, the victim’s consistent statements, the medical opinion of trauma, and positive forensic results created a coherent chain of circumstances without any missing link that would permit acquittal. The High Court therefore dismissed the appeal and directed procedural compliance for transmitting the record and informing the jail authorities of the decision.
This decision underlines two practical points for future POCSO prosecutions: first, that minor contradictions in peripheral testimony will not necessarily defeat a prosecution where the core narrative remains consistent; and second, that medical and forensic evidence often prove decisive when they align with the victim’s account.
Case Details : CRA No. 550 of 2023, Shani Kumar Chauhan vs State Of Chhattisgarh
For Appellant : Mr. Anish Tiwari along with Mr. Akash Sharma, Advocate
For Respondent/State : Mr. S.S. Baghel, learned Dy. Govt. Advocate