1 2025:CGHC:17324 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 810 of 2024 State Of Chhattisgarh Through Its Station House Officer, Police Station City Kotwali, District Bilaspur Chhattisgarh. ... Petitioner(s) versus Govinda Chouhan @ Goldi S/o Panchram Chouhan Aged About 26 Years Resident Of Gondpara , Near Gurudwara, Police Station City Kotwali , District Bilaspur Chhattisgarh. ... Respondent(s) For Appellant(s) : Mr. Arvind Dubey, GA. For Respondent(s) : None. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board 15.04.2025 1. This Acquittal Appeal has been preferred against the judgment dated 17.08.2021 passed by the First FTSC (POCSO)/Upper Sessions Judge, Bilaspur in Special Session Case No.34/2019, whereby, the respondent/accused was acquitted of the charge under Section 456, 354 and 506 of the IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012. 2. Prosecution case, in brief, is that on 10.02.2019 at about 10 PM in the night the respondent (accused therein) entered the house of the victim Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.04.16 17:32:27 +0530 2 (PW-1) and outraged the modesty of the victim by holding her hands and he has also threatened to kidnap her if she will hue and cry. When the prosecutrix shouted for help, her mother AJ (PW-5) and brother VJ (PW- 7) came there, however, the accused ran away from the spot. On the next day i.e. 11.02.2019 victim (PW-1) aged 17 years 10 months 28 days lodged a written complaint (Ex.P-1). Based on the said complaint, FIR (Ex.P-2) was registered at Police Station City Kotwali, Bilaspur and after completion of investigation charge-sheet was filed. 3. The respondent/accused abjured his guilt and claimed to be tried. The prosecution has examined as many as 11 witnesses and exhibited 13 documents. In the statement of accused recorded under Section 313 Cr.P.C., he pleaded innocence and false implication and stated that due to his friendship with the victim, family of the victim has roped him in the case. The trial Court after evaluating the evidence on record acquitted the respondent/accused of the charge levelled against him. 4. Learned counsel for the State would submit that the trial Court has not appreciated the evidence in proper perspective, therefore, findings arrived at by the trial Court is not sustainable and prayed to set-aside the judgment of acquittal. 5. Heard learned counsel for the parties and perused the documents placed with the petition. 6. Mother of the victim (PW-5) has categorically admitted in the cross- examination that respondent/accused is friend of the victim (PW-1) and she has also admitted that brother of the victim (PW-7) did not like the friendship of accused and victim. Further, the victim (PW-1) has deposed 3 that at the time of incident she was at the first floor of the house, however, mother of the victim has stated that at the time of occurrence of incident, victim was present in room of ground floor of the house. 7. From perusal of the aforesaid evidence, it is explicit that there are serious contradictions and discrepancies in the deposition of victim and her mother. Further, there appears to be possibility of friendship between the victim and accused before the incident. 8. In the aforesaid backdrop, this Court is of the view that there is no infirmity or illegality in the judgment impugned and findings arrived at by the trial Court was a possible view. 9. Consequently, the appeal fails and is hereby dismissed. Sd/- (Deepak Kumar Tiwari) Judge Ajay