1 2025:CGHC:50253-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 335 of 2019 State Of Chhattisgarh Through The In-Charge, Police Station- Nandini Nagar, Ajk, Durg, District- Durg, Chhattisgarh. ... Appellant versus Nohar Singh Nirmalkar S/o Ramkhilawan Nirmalkar Aged About 25 Years R/o Village- Potiya, Police Station- Nandini Nagar, District- Durg, Chhattisgarh. ... Respondent For Appellant : Mr. Deepak Kumar Singh, Panel Lawyer. For Respondent : Mr. Rishi Sahu, Advocate appears on behalf of Mr. Jitendra Gupta, Advocate. DB: Hon'ble Shri Justic e Sanjay S. Agrawal & Hon’ble Shri Justice Sanjay Kumar Jaiswal Order on Board Per Sanjay S. Agrawal, J. 09/10/2025 1. This appeal has been preferred by the State/appellant questioning the legality and propriety of the judgment dated 31.08.2018 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Special Case No.16/2017, whereby, the respondent-Nohar Singh Nirmalkar has been acquitted ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2025.10.10 11:08:11 +0530 2 with regard to the offence punishable under Section 376 IPC read with Sections 3(2)(v) and 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the SC/ST Act”). 2. According to the prosecution, a written report (Ex.P/1) was lodged by the prosecutrix on 11.04.2017, who belongs to the Scheduled Caste Community, before the Police Station Nandini Nagar, District- Durg, alleging therein that the respondent while alluring her on the pretext of marriage has exploited physically for the period of 6 years commencing with effect from 10.08.2011 upto 26.02.2017 and, later on, she came to known that he is going to solemnize the marriage with someone else. Based upon the alleged allegations, the respondent has been charge-sheeted for the alleged offence mentioned hereinabove. 3. In order to establish the alleged allegation, the prosecutrix was examined as (PW/1) and, from perusal of her testimony, it reveals that they used to meet in the school when no one was there and, the fact of their physical relations were not disclosed to her parents who, however, came to know about their relations through the villagers. Further of her testimony, as revealed from para 29, would show the fact that even prior to lodging the alleged report (Ex.P/1), a report (Ex.D/2) was lodged by her on 08.03.2017 and, a bare perusal of the said report (Ex.D/2) would show that they made the alleged physical relations whenever, they met and this fact was admitted by her when the alleged report (Ex.D/2) made by her was confronted to her during the course of her examination. It, thus, 3 appears that the alleged relations of the prosecutrix with the respondent were made with her consent. She was, thus, a consenting party to the alleged relations and, the trial Court has, therefore, not committed any illegality, in acquitting the respondent from the commission of the alleged crime. 4. The appeal, being devoid of merit, is accordingly, dismissed at the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Sanjay Kumar Jaiswal) Judge Judge Arpan