The Chhattisgarh High Court has upheld the conviction and 20-year imprisonment of three men found guilty of the gangrape of a 13-year-old girl during a wedding celebration in Kondagaon district. The decision, delivered on June 19, 2025, by a division bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, reaffirmed the trial court’s judgment under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, sending a strong message that crimes against children will face stringent punishment with no leniency.
The Incident
The harrowing incident occurred on April 26, 2019, in Makdi village, Kondagaon district, during a crowded wedding celebration.
According to court documents and the survivor’s testimony, the 13-year-old girl and her friend had stepped away from the venue to a nearby field when they were accosted by four men. The assailants allegedly dragged the minor away, restrained her friend, and took turns raping her.
The survivor later identified the accused, residents of nearby villages, having seen their faces illuminated by the light of their mobile phones during the assault. Residents of Ambal village, where the groom’s party originated, also assisted in identifying the perpetrators.
The following day, the survivor lodged a complaint with the Kondagaon police, prompting the registration of a case under Sections 376D (gangrape) and 506 (criminal intimidation) of the Indian Penal Code, along with relevant provisions of the POCSO Act. The police conducted medical examinations of the survivor and the accused, seized clothing involved in the crime, and sent biological evidence for forensic analysis.
Trial and evidence
During the trial, the prosecution presented a compelling case, examining 12 witnesses, including the survivor, her family members, her friend who was present during the incident, medical officers, and the investigating officer.
The survivor’s testimony was described as consistent and detailed, with the court noting that she clearly recounted the attack and confidently identified the accused. Medical examinations corroborated her account, revealing a torn hymen and vaginal injuries consistent with sexual assault. Forensic analysis further strengthened the case, confirming semen stains on the survivor’s underwear and the undergarments of the accused. Medical reports also noted fresh injuries on two of the accused and confirmed that all three were capable of sexual activity.
The defence, however, sought to undermine the prosecution’s case, arguing that it relied solely on the survivor’s testimony and pointing to alleged contradictions. They claimed the accusations were false, questioned the lack of immediate corroboration, and challenged the absence of injuries on the accused as well as the method used to determine the survivor’s age.
These arguments were dismissed by the court, which relied on school admission records to confirm that the survivor was 13 years old at the time of the incident, thereby attracting the stringent provisions of the POCSO Act. The defence failed to provide any evidence to rebut the prosecution’s claims.
No leniency for crimes against children
In its judgment, the Chhattisgarh High Court emphasised a zero-tolerance approach to sexual offences against children. “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,” the bench wrote in a headnote to the judgment.
Citing precedents from the Supreme Court, the court held that a rape survivor’s testimony, particularly in cases involving children, does not require corroboration if it inspires confidence. “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,” the court observed. It further noted, “She would be conscious of the danger of being ostracised by 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.”
Describing sexual assault as “a degradation not only of the body but also of the soul,” the court found no reason to interfere with the trial court’s findings. The conviction was supported by consistent eyewitness testimony, medical findings, forensic evidence, and the absence of a credible defence. The bench dismissed the appeals, upholding the 20-year rigorous imprisonment sentences for the three convicted men under Section 6 of the POCSO Act.
Stand against systemic violence
The ruling comes amid growing concerns about sexual violence against minors in India, with recent cases reported across the country, including the abduction and assault of a minor girl in Noida, the alleged rape and murder of a girl in Odisha, and another gangrape incident in Odisha, the third such case in the state within three days.
The Chhattisgarh High Court’s decision aligns with its recent rulings addressing systemic issues, such as the court’s order on June 19, 2025, for Rs 2 lakh compensation in a case of custodial death, highlighting its commitment to justice for victims of violence and institutional failures.
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