1 2025:CGHC:49410-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.159 of 2018 State Of Chhattisgarh Through-Police Station Ramanujganj, District- Balrampur- Ramanujganj, Chhattisgarh ... Appellant versus Lalan Gupta S/o Shri Puran Gupta Aged About 35 Years R/o- Village Kanakpur, P.S. Ramanujganj, District- Balrampur- Ramanujganj, Chhattisgarh ... Respondent(s) For Appellant : Shri Deepak Kumar Singh, Panel Lawyer For Respondent(s) : None, though served. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board Per Sanjay S. Agrawal, J 26/09/2025 1) This appeal has been preferred by the Appellant/State under Section 378 of the Code of Criminal Procedure, 1973 questioning the legality and propriety of the judgment dated 12.01.2018, passed by the learned Additional Sessions Judge, Ramanujganj, Civil District Surguja (Ambikapur) (C.G.) in Sessions Trial No.R.111/2014, whereby, the respondent has been acquitted with regard to the offence punishable under Sections 342, 376(1), 506 Part-II of IPC. 2) It is alleged by the prosecution that on 22.07.2014, the husband of the prosecutrix had gone to the Village Sakiyatola in order to attend SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2025.09.26 17:26:18 +0530 2 the guests and on the said day, in the night around 9 PM , she went to the nearest grocery shop of the respondent in order to purchase spices. It is alleged further that the respondent, who was alone in his shop, dragged her inside the shop and committed sexual intercourse with her forcefully. It is alleged further that when she shouted, the respondent has gagged her mouth and threatened to kill and, kept her inside the house throughout the night and committed the alleged act twice. Based upon the alleged allegations, the respondent has been charge-sheeted with regard to the offence mentioned herein- above. 3) In order to establish the alleged allegations, the prosecutrix was examined as PW-1, but in her evidence, she has denied that the respondent has committed the sexual intercourse with her on the said fateful day. Further of her testimony would show that she was even not examined medically. That apart, the husband of the prosecutrix, who was examined as PW-2, has also stated that nothing was done with her. 4) Moreover, the petticoat (Saya), alleged to have been recovered from the prosecutrix on 23.07.2014 vide Ex.P-1 in presence of two witnesses, namely, Mohammad Sabir (PW-4) and the husband of the prosecutrix, namely, Chaturgun Bhuiya (PW-2), but the same was also not found to be supported either by the prosecutrix or by her husband, nor even the alleged articles were sent for chemical examination. No cogent and reliable evidence has, thus, been led by 3 the prosecution, attributing the respondent for the commission of the alleged crime. 5) In view of the aforesaid background, we do not find any substance in this appeal. The appeal, being devoid of merit, is accordingly dismissed. SD/- (Sanjay S. Agrawal) Judge SD/- (Sanjay Kumar Jaiswal ) Judge Tumane