1 2025:CGHC:41395-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 379 of 2023 ABC ... Appellant versus 1 - State Of Chhattisgarh Through The Police Station Kharsiya, District Raigarh (C.G.) 2 - Aanand Urf Monu Keshari, S/o Lt. Om Prakash Keshari, Aged About 26 Years, R/o Village Back of Ganj Kharsiya, Police Chowki Kharsiya, P.S. Kharsiya, District Raigarh (C.G.) ... Respondents For Appellant : Mr. Ravi Kumar Banjare, Advocate appears along with Mr. Bhagat Ram Ejardar, Advocate For State/Respondent No.1 : Mr. Sachidanand Yadav, Panel Lawyer D.B:-Hon’ble Shri Justice Sanjay S. Agrawal, Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Sanjay S. Agrawal, J. 18/08/2025 1. This appeal has been preferred by the prosecutrix under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2025.08.18 17:40:11 +0530 2 as “the Act, 1989”) questioning the legality and propriety of the judgment dated 07/10/2023 passed by Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989], Raigarh, in Special Criminal Case (under The Atrocities Act) No.24/2022, whereby, the respondent No.2- Aanand alias Monu Keshari has been acquitted with regard to the offence punishable under Section 376(2)(n) of IPC read with Section 3(1)(w)(ii) and 3(2)(v) of the Act, 1989. 2. According to the prosecution, a written report (Ex.P/1) was lodged by the prosecutrix before the Police Station- Kharsiya, alleging inter-alia, that the respondent No.2- Aanand alias Monu Keshari, while alluring her on the pretext of marriage has made physical relations with her on 13/08/2022 and later on, refused to marry with her as she is Mehttar by caste. 3. Based upon the alleged information, an FIR (Ex.P/12) was registered against the said respondent for the offence punishable under Section 376 of IPC and after completing the usual investigation, the charge-sheet was submitted before the concerned trial Court, where he was charge-sheeted for the offence mentioned herein above. 4. In order to establish the alleged allegation that, the respondent No.2 has made the alleged relations with her while alluring on the pretext of marriage, the prosecutrix was examined as PW-1, however, a bare perusal of her testimony, particularly 3 para 10, would reveal the fact that she was not allured by him as such and, rather it was found to be made with her consent. 5. That apart, although, it was alleged by her that the said respondent has committed sexual intercourse with her on the pretext of marriage, but she was, however, found to be a married lady having four years old son and was living separately from her husband, as the said fact was disclosed by her to Dr. Priti Ejardar (PW-5) during the course of her examination. 6. In view of such circumstances, it cannot be said that the alleged relation was made by the respondent No.2- Aanand alias Monu Keshari with her on the pretext of marriage and, rather found to be made with her consent and, after taking note of those materials, the trial Court has, therefore, not committed any illegality in acquitting him from the commission of the alleged crime. 7. The appeal, being devoid of merit is, accordingly, dismissed at the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Prashant