1 2025:CGHC:15583-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 19 of 2025 XYZ ... Appellant versus 1 - Pankaj Kumar Nayak, S/o Lahsan Ram, Aged About 26 Years R/o Tukupani, Police Station Narayanpur, District Jashpur Chhattisgarh. 2 - State Of Chhattisgarh Through Police Station Narayanpur, District Jashpur Chhattisgarh. ... Respondents For Appellant : Mr. Sayed Afaque Hussain, Advocate. For State/Respondent No.2 : Mr. Ruhul Ameen, P.L. D.B. : Hon'ble Shri Justic e Sanjay S. Agrawal & Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Sanjay S. Agrawal, J. 03.04.2025 Heard on Admission. 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 06.01.2024, ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2025.04.03 17:11:01 +0530 2 passed by the Special Judge, Kunkuri, District-Jashpur in Special Case No.20/2023, whereby, Respondent No.1-Pankaj Kumar Nayak has been acquitted with regard to the offence punishable under Sections 363, 366(a), 376(2)(n) and 313 of IPC and also under Section 5(ञ)(ii) and 5(ठ) Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act”). 2. The Respondent No.1-Pankaj Kumar Nayak, has been charge- sheeted with regard to the offence punishable under Sections 363, 366(a), 376(2)(n) and Section 313 of IPC and also under Sections 5(ञ)(ii) and 5(ठ) and Section 6 of the POCSO Act, 2012. 3. According to the written report (Ex.P/1) lodged by the prosecutrix on 30.04.2023, it appears that she had love affair with the Respondent No.1-Pankaj Kumar Nayak, who, while alluring her on the pretext of marriage, committed sexual intercourse with her forcefully and continued the same, subsequently, as well on various occasions, owing to which, she became pregnant in the month of June, 2022, but he had administered a tablet and got it aborted and, later on, refused to marry, therefore, the alleged report was lodged by her. 4. In order to establish the aforesaid fact, the prosecutrix was examined as PW/1, however, she has completely denied the alleged allegations by saying that noting wrong was committed by 3 the said respondent as such upon her, nor had even lodged the report against him. Since she has not supported her alleged allegations, the Trial court has, therefore, while taking note of the same has not committed any illegality in acquitting him from the commission of the alleged crime and we are, therefore, not inclined to admit this appeal. 5. The appeal is, accordingly, dismissed at the admission stage itself. Sd/- (Sanjay S. Agrawal) Judge Sd/- (Radhakishan Agrawal) Judge Arpan