News Citation : 2026 LN (HC) 11
Bilaspur, 05.01.2026 : The High Court of Chhattisgarh has dismissed a criminal appeal and affirmed the life sentence awarded to Pritam Gir alias Ghislu for kidnapping and sexually assaulting a minor girl, holding that the conviction recorded by the Special POCSO Court was legally sound and supported by reliable evidence.
A Division Bench comprising Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma pronounced the judgment on January 5, 2026, while deciding Criminal Appeal No. 1540 of 2022. The appeal had been filed under Section 374(2) of the Code of Criminal Procedure, challenging the conviction and sentence imposed by the trial court in August 2022.
The case related to an incident dated December 30, 2018, in which two minor girls, aged nine and seven, were lured away from their village in Bilaspur district and taken to a pond, where the elder child was subjected to sexual assault. The High Court noted that the prosecution had established the sequence of events through consistent testimony of both child victims, supported by medical and forensic evidence.
While examining the grounds of appeal, the Bench dealt extensively with the question of the victims’ age, a crucial requirement under the Protection of Children from Sexual Offences Act. The Court held that school records conclusively proved the elder victim was below ten years of age on the date of the offence. With respect to the younger child, the Court observed that her minority was never disputed by the defence and stood sufficiently established on record.
The High Court also upheld the findings of guilt under Sections 363 and 366 of the Indian Penal Code, ruling that the act of enticing and taking minor girls away from lawful guardianship with the intent to commit sexual assault clearly satisfied the statutory ingredients of kidnapping and abduction for illicit purposes.
On the charge of rape, the Bench clarified that oral penetration squarely falls within the definition of rape under Section 375 of the IPC and penetrative sexual assault under the POCSO Act. The Court relied on forensic science laboratory reports and medical examination records to confirm the occurrence of sexual assault.
Reaffirming settled legal principles, the Court held that the testimony of a child victim, if found natural, consistent, and trustworthy, does not require corroboration as a rule of law. Finding no perversity or error in the appreciation of evidence by the trial court, the High Court concluded that the prosecution had proved the case beyond reasonable doubt.
Accordingly, the appeal was dismissed, and the life sentence imposed on the appellant was upheld. The Court directed that the convict be informed of his right to approach the Supreme Court with legal assistance if he chooses to challenge the judgment further.
Case Reference : Pritam Gir @ Ghislu vs State of Chhattisgarh
Counsels : For Appellant : Mr. Qamrul Aziz, Advocate For Respondent/State : Mr. Priyank Rathi, Govt. Advocate.
