1 2025:CGHC:19871-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 164 of 2018 • State of Chhattisgarh, Through District Magistrate, District Balrampur- Ramanujganj, Chhattisgarh. ...Appellant versus 1. Saljeet, S/o Ramkewal, Caste Khairwar, aged 23 Years, R/o Village Chitma, P.S. Chalgali, District : Balrampur-Ramanujganj, Chhattisgarh. 2. Ramsingh, S/o Shiv Prasad, Caste Khairwar, R/o Village Chitma, P. S. Chalgali, District Balrampur-Ramanujganj, Chhattisgarh. ... Respondents For Appellant : Ms. Smita Jha, Panel Lawyer. For Respondents : Mr. Pushkar Sinha, Advocate. D.B:-Hon’ble Shri Justice Sanjay S. Agrawal, Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per: Sanjay S. Agrawal, J. 01/05/2025 1. This acquittal 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 08.01.2018 passed by the learned Additional Sessions Judge, Ramanujganj, Civil District- Surguja, C.G. in Special Sessions Case (POCSO) No.28/2015, whereby, the respondents have been acquitted with regard to the offence punishable under Sections 376 (D) & 506 Part-II of Indian AKHILESH BEOHAR Digitally signed by AKHILESH BEOHAR Date: 2025.05.02 10:35:48 +0530 2 Penal Code (in short, 'IPC') and also under Section 4 of Protection of Children from Sexual Offences Act, 2012 (for short, ' the POCSO Act'). 2. From perusal of the record, it appears that the respondents have been charge-sheeted with regard to the offence punishable under Sections 376 (D), 506 Part-II and 450 of IPC and also under Section 4 of the POCSO Act. It is alleged by the prosecution that on the date of incident, i.e. 25.11.2014 at 10:00 pm, the respondents came to the house of the prosecutrix when she was alone at home and took her from the house and has committed sexual intercourse forcefully upon her. In order to establish the alleged allegation, the prosecutrix was examined as PW-2, but in her statement, she has denied very specifically the alleged allegation at para 5 of her testimony. That apart, the alleged allegation was even not found to be corroborated by the medical report, i.e. the FSL report dated 12.03.2015. In view thereof, the learned trial Court not committed any illegality in acquitting the respondents from the commission of the alleged crime, so as to call for any interference in this appeal. 3. The appeal being devoid of merit is, accordingly, dismissed. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Akhilesh