1 2025:CGHC:3539-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 1091 of 2024 XYZ ... Appellant versus 1 - State Of Chhattisgarh Through Police Station Kotwali, District Korba, Chhattisgarh. 2 - Ashif Khan, S/o Arshad Khan, Aged About 27 Years, R/o Rani Gate, Purani Basti, Korba, District Korba, Chhattisgarh ... Respondent(s) For Appellant/Victim : Mr. Pranay Golchha, Advocate For State/Respondent No.1 : Mr. Sanjeev Pandey, Dy. A.G. D.B:-Hon’ble Shri Justice Sanjay S. Agrawal, Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per: Sanjay S. Agrawal, J. 21/01/2025 1. This appeal has been preferred by the appellant/Victim under Section 413 of the Bhartiya Nagarik Suraksha Sanhita, 2023, questioning the legality and propriety of the judgment dated 08/07/2024 passed by the Additional Sessions Judge (FTC), Korba, District- Korba (C.G.) in Sessions Trial No.02/2024, whereby, the respondent No.2- PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2025.01.22 12:43:42 +0530 2 Ashif Khan has been acquitted from the offence punishable under Section 376(2)(n) of IPC. 2. Briefly stated, the case of the prosecution is that, on 10/04/2023, a written report (Ex.P/6) was lodged by the prosecutrix before the Police Station-Korba alleging, therein that two years prior to it, the respondent No.2- Ashif Khan came in her contact and while alluring her on the pretext of marriage, has committed sexual intercourse on 29/04/2021. It is alleged further that, he has obtained certain obscene video clips and photographs and while showing the same, has made the alleged relations continuously. It is alleged further that instead of marrying with her, he was going to marry with some other girl within 10- 15 days and, therefore, she has been constrained to lodge the alleged report and based upon which, an F.I.R. (Ex.P/7) was registered on the same day against him for the offence punishable under Section 376 of IPC. After recording her statement and others, the concerned Investigating Officer has submitted the charge-sheet before the Chief Judicial Magistrate, Korba in connection with Crime No.242/2023 against the said respondent with regard to the offence punishable under Section 376 of IPC. The matter was, thereafter, committed to the learned Additional Sessions Judge (F.T.C.), Korba, where the charge has been framed against him under Section 376(2)(n) of IPC, which was denied by him, and claimed to be tried. 3. In order to bring home the guilt of the respondent No.2, the prosecution has examined as many as 12 witnesses and has exhibited 21 documents, while none was examined by the said respondent, in his defence. 4. After considering the evidence led by the prosecution, 3 particularly, the statement of prosecutrix and her mother, the trial Court arrived at a conclusion that the prosecutrix was a consenting party and, accordingly, he has been acquitted from the commission of the alleged crime and, being aggrieved, the instant appeal has been preferred. 5. Learned counsel appearing for the appellant/victim submits that the finding of the trial Court, acquitting the respondent No.2 from the commission of the alleged crime is, apparently, contrary to law, inasmuch as, the statement of the prosecution witnesses, particularly, the statement of prosecutrix (PW-05), has not been scanned in its proper manner and, thereby, erred in acquitting the said respondent, as such. 6. Learned counsel appearing for the State/respondent No.1 has supported the contention of the counsel for the appellant/victim. 7. We have heard learned counsel appearing for the appellant and perused the entire record carefully. 8. From perusal of the written-report (Ex.P/6) lodged by the prosecutrix on 10/04/2023 and consequent upon the F.I.R. (Ex.P/7), it appears that the respondent has made the sexual intercourse with her on 29/04/2021 while alluring her on the pretext of marriage and when he refused and wanted to marry with some other girl, the same was found to be lodged. It, thus, appears that the alleged relations were made between them for continuously long period of about two years. What is stated by the prosecutrix (PW-5) in her statement that she lodged the alleged report when she came to know that he is going to marry with some other girl. It is to be seen, as reflected from her statement (Ex.P/9) recorded under Section 164, Cr.P.C. that despite of her several request being made, he has not solemnized the marriage 4 with her, yet no report was lodged by her immediately upon its refusal. The prosecutrix, who is a major girl, was, thus, found to be a consenting party for the alleged relation, else she would have lodged the report against him in an earlier occasion instead of permitting him to act as such, nor has produced any obscene video clips or photographs in order to prove that the said respondent while showing the same has made the alleged relations continuously without her consent. In such circumstances, the trial Court has, therefore, not committed any illegality in acquitting the respondent No.2 from the commission of the alleged crime, so as to call for any interference in this appeal. 9. The appeal being devoid of merit is, accordingly, dismissed. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Prashant