1 2025:CGHC:23765-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 214 of 2025 1 - X (Prosecutrix) Nil ... Appellant(s) versus 1 - State Of Chhattisgarh, Through The Station House Officer, Police Station - Lormi, District- Mungeli (C.G.). 2 - Ajit Netam S/o Late Gulal Netam, Aged About 30 Years, R/o Dholgi, Police Station - Lormi, District- Mungeli, (C.G.) (Accused) ... Respondent(s) For Appellant (s) : Dr. Arpit Lall, Advocate. For Respondent No.1 /State : Mr. Atanu Ghosh, Dy. Govt. Advocate. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Sanjay S. Agrawal, J 13/06/2025 1) This appeal has been preferred by the prosecutrix under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, questioning the legality and propriety of the judgment dated 05/09/2024, passed by CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.06.13 17:57:23 +0530 2 the learned Additional Sessions Judge (F.T.C.), Mungeli, District Mungeli (C.G.) in Sessions Trial No.33/2023, whereby, the Respondent No.2-Ajit Netam has been acquitted with regard to the offence punishable under Section 376(2)(n) of IPC. 2) From perusal of the record, it appears that the Respondent No.2-Ajit Netam has been charge-sheeted with regard to the offence punishable under Section 376(2)(n) of IPC based upon a written report (Ex.P-1) lodged by the prosecutrix before the Police Station, Lormi on 22/06/2023 wherein, it has been alleged that the Respondent No.2-Ajit Netam has made the physical relations with her on the pretext of marriage and when she asked for marriage, he had just avoided on one pretext or the other. Further of her allegation is that he had made the alleged relation for the period of more than two and half years and, an FIR (Ex.P-2) was recorded based upon the said report on 22.06.2023. 3) According to the aforesaid report (Ex.P-2), it appears that the alleged illegal relation was made by the said respondent with her for the period commencing with effect from 04.02.2021 upto 23.12.2022, but no report was, however, lodged immediately nor even the date was mentioned in the said written report (Ex.P-1). It appears further on her (PW-2) testimony that, if the respondent before lodging the alleged report would have married with her, she would not have lodged the alleged report against him. 4) Besides, it was alleged by the prosecutrix that the said Respondent has made the alleged relation with her continuously for the period 3 commencing from 04/02/2021 upto 23/12/2022, however, no date as such has been disclosed by her that when the alleged relation was made with her by him and, it appears from a bare perusal of the statement of the Investigation Officer (PW-11), particularly, paragraph 15, where he did not find anywhere that on which date the alleged act was committed upon her. 5) Moreover, the prosecutrix was examined medically by Dr. Priyadarshani (PW-8) who has, however, did not find any kind of injury on her body either internal or external and it was opined further by her that it is not possible to give any definite opinion regarding sexual intercourse which was committed upon her. As far as FSL report (Ex.P-20) is concerned, it appears that no human sperm was found on the undergarment of the prosecutrix. 6) It, thus, appears from perusal of the entire record that the allegation as alleged by the prosecutrix that the said Respondent has made the alleged illegal relation with her was, however, not found to be established and the trial Court has, therefore, not committed any illegality while taking note of all these materials while acquitting him from the commission of the alleged crime, so as to call for any interference in this appeal. 7) The appeal being devoid of merit is, accordingly, dismissed at the admission stage itself. -Sd/- (Sanjay S. Agrawal) Judge -Sd/- (Radhakishan Agrawal) Judge Chandrakant