News Citation : 2026 LN (HC) 79 | 2026:CGHC:5632
Januarry 02, 2026 : The High Court of Chhattisgarh at Bilaspur has dismissed a criminal appeal filed by Mahaveer Chaik and upheld his conviction for rape, criminal intimidation, wrongful confinement, and causing hurt, affirming a seven-year rigorous imprisonment awarded by the trial court. The judgment was delivered on February 2, 2026, by Justice Narendra Kumar Vyas.
The case dates back to an incident in March 2003 in Jashpur district. According to the prosecution, the survivor alleged that she was forcibly taken to the accused’s father’s house at night after being threatened with an axe. She stated that she was assaulted, confined, and raped multiple times. Her husband later reached the spot, following which the accused fled. An FIR was lodged the next day.
The Sessions Court in 2004 convicted the accused under Sections 376, 506, 323, and 342 of the Indian Penal Code. Challenging this verdict, the appellant argued before the High Court that the sexual act was consensual, pointing to the absence of injuries on private parts and alleging a prior relationship between the parties.
Rejecting these arguments, the High Court held that consent obtained under threat or fear cannot be treated as valid consent under Section 375 read with Section 90 of the IPC. The Court relied on the survivor’s consistent testimony, corroborated by medical evidence, seizure of broken bangles and an axe, and forensic reports confirming the presence of human sperm on relevant articles.
The Court also noted that minor inconsistencies or absence of certain injuries do not negate a charge of rape, particularly when the survivor’s account inspires confidence. Citing Supreme Court precedents, the judgment reiterated that a conviction can be sustained on the sole testimony of the survivor if it is credible.
Finding no perversity or illegality in the trial court’s appreciation of evidence, the High Court dismissed the appeal and directed the appellant to surrender within three months to serve the remaining sentence, after adjusting the period already undergone. The bail bonds were cancelled in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023.
Case Reference : CRA No. 18 of 2005, Mahaveer Chaik vs State of Chhattisgarh; Counsel for the Appellant: Ms. Ananya Tiwari, instructed by Mr. Sanjay Agrawal, Advocates; Counsel for the Respondent: Mr. Anant Bajpai, Panel Lawyer.
