1 2025:CGHC:30442-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 364 of 2025 Xyz Nill ... Petitioner(s) versus 1 State Of Chhattisgarh Through District Magistrate Ambikapur, District Sarguja C.G. 2 The Chairman, Chhattisgarh State Commission For Protection Of Child Rights (C S C P C R), A-34, Sector-1, Zone-3, Nagar Palika Nigam, Shankar Nagar Raipur C.G. 3 The Chairman, Child Welfare Committee, Collectorate Campus, Ambikapur, District Sarguja C.G. 4 Krushna Korva Aged About 30 Years R/o Asola, Tahsil And P S Ambikapur, District Sarguja C.G. 5 Rajesh Yadav S/o Late Mahabal Yadav Aged About 42 Years R/o Malgavan Khurd, Tahsil And P S Ambikapur, District Sarguja C.G. ... Respondent(s) For Petitioner : Mr. Praveen Soni, Advocate. For Respondents/State : Mr. Sangarsh Pandey, G.A. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.08 10:15:13 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 04.07.2025 1. Heard Mr. Praveen Soni, learned counsel for the petitioner. Also heard Mr. Sangarsh Pandey, G.A. appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 To DNA-Profiling of Proposed-Accused/s Krushna Korva and Rajesh Yadav under Section 53A CrPC to constitute judicial abdication of statutory duty and also to establish biological paternity of the Petitioner's minor daughter, so as to add respective Sections of IPC /BNS and commence trial on newly added accused/s. 10.2 To exceed the Compensation-Amount mentioned at para 56 of Judgment Dt. August 18th, 2023 by learned District and Additional Sessions Judge FTSC (POCSO Act) Ref. Case No. 44 of 2019 titled The State of Chhattisgarh Vs. Suresh Ram Shrivas (Annexure-P/4) as per NALSA's Scheme for Women Victims/Survivors of Sexual Assault/other Crimes- 3 2018. 3. The facts of the case as per the present petitioner is that on May 12th, 2018, Accused Suresh Ram Shrivas with Proposed-Accused/s Krushna Korva and Rajesh Yadav committed aggravated penetrative sexual assault in furtherance of common intention upon the Petitioner herein. On February 6th, 2019, the Petitioner gave birth to a female- child as a direct consequence of the gang rape committed on 12.05.2018. Subsequently, on June 19, 2019, the Prosecutrix's (Petitioner herein) father lodged FIR No. 20/2019 at PS Mahila Thana Ambikapur, District Sarguja CG under Sections 376(2)(n) & 376(3) of IPC; Section 4, 5(1)(ii) (1), 6 of POCSO Act. Thereafter, on July 26th, 2019, the Prosecutrix (Petitioner herein) statement under Section 164 CrPC was duly recorded before the learned Judicial Magistrate First Class (JMFC), Ambikapur, District Surguja CG. and upon conclusion of the investigation, a Charge-Sheet under Section 173 CrPC was filed before the learned District & Additional Sessions Judge, FTSC (POCSO Act) Ambikapur registering Case No. 44/2019 (State of Chhattisgarh Vs. Suresh Ram Shrivas) on August 14th, 2019. During trial proceedings in Sessions Case No. 44/2019, the prosecution has examined 11- Witnesses before the learned Trial Court between January 8th, 2020 and August 7th, 2023 and on 18.08.2023, the final judgment was pronounced. 4. Learned counsel for the petitioner would submit that the learned trial court has delivered its judgment without addressing the substantive 4 legal grounds. He further submits that the Prosecutrix (Petitioner herein) has stated in her written statement submitted on 7th August, 2023 that there are chances of more people being involved in the crime but the same has not been taken cognizance by the learned trail court. 5. On the other hand, learned State counsel submits that on the FIR registered by the father of the Prosecutrix (Petitioner herein), pursuance to that proper investigation was conducted and charge sheet was filed and the trail was concluded in acquittal of the accused therein. 6. We have heard learned counsel for the parties and perused the pleadings and documents. 7. Perusal of the documents shows that the father of the petitioner herein lodged FIR and on the basis of same proper investigation was conducted and charge sheet was filed and trial was commenced and judgment was pronounced on 18.08.2023, wherein the accused was acquitted of all the charges and the same was not challenged by the Prosecutrix (Petitioner herein) before the higher forum, and as such the same has attained finality and now almost after 2 years this petition has been preferred praying for trial against two other accused for the same crime and payment of compensation. 8. Considering the said fact and further considering the fact that the petitioner is trying to implicate the respondent No. 4 & 5 in the alleged crime, trial of which has already been concluded on 18.08.2023 and the petitioner never questioned the non inclusion of name of respondents No. 4 & 5 in the charge-sheet before any higher forum, if the same was 5 not considered by the police as well as the Trial Court the petitioner should have approached at the first opportune time and stage. Hence, at this stage, when the trial has been concluded on 18.08.2023, the relief sought by the petitioner cannot be granted. 9. Accordingly, the present WPCR is dismissed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar