1 2025:CGHC:56739-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 29 of 2019 • State Of Chhattisgarh, Through District Magistrate, District Rajnandgaon (Chhattisgarh). ... Appellant versus • Mahadeo Sahu S/o Saraju Sahu, Aged About 23 Years, R/o Village Sarragodi Police Station Khairagarh District Rajnandgaon (Chhattisgarh). ... Respondent For Appellant/State : Mr. Arpit Agrawal, P.L. For Respondent : Ms. Komal Yadav, Advocate appears on behalf of Mr. Mahesh Pandey, Advocate. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Sanjay S. Agrawal, J 21/11/2025 1) This appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 21/05/2018 passed by the Additional Sessions Judge, Khairagarh, District Rajnandgaon CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.11.21 17:23:19 +0530 2 (C.G.) in Sessions Trial No.06/2016, whereby, the respondent- Mahadeo Sahu has been acquitted with regard to the offence punishable under Section 376(1) of IPC. 2) From perusal of the record, it appears that a written report (Ex.P-9) was lodged by the father of the prosecutrix on 26/03/2016 before the Police Station, Khairagarh of District Rajnandgaon, alleging therein, that on a previous day, i.e., 25/03/2016, in the night at about 08:00 PM, his daughter went to the cattle shed in order to feed the calf, where, the respondent, who was hidden near by the tree, came and forcefully caught hold of his daughter while pressing her mouth and dragged towards the bushes and committed sexual intercourse with her forcefully and, based upon the alleged information, he was charge-sheeted for the offence punishable under Section 376 of IPC. 3) It appears from perusal of the record that after the occurrence of the alleged incident, the prosecutrix was examined by Dr. Runa Singh (PW-12), but vide her report (Ex.P-19), she did not find any injuries on her body, nor was able to give any opinion regarding the sexual intercourse committed upon her. It is to be seen further that the slides and clothes recovered from the prosecutrix on 26/03/2016 vide Ex.P-13 and the underwear of the accused recovered on 27/03/2016 vide Ex.P-15, were sent for the chemical examination, but, no human sperm was, however, found on those articles as revealed from FSL report (Ex.P-18). Moreover, the prosecutrix (PW- 4) in her evidence has not supported the alleged allegations as was alleged by her father in his report (Ex.P-9), as she was neither 3 dragged by the respondent towards the bushes on the said fateful day, nor has committed anything wrong with her and, even the alleged report was found to be lodged on account of some dispute of water with the respondent, as revealed from her father’s (PW-8) statement, who was even not aware what was written thereon. No cogent and reliable evidence has, thus, been led by the prosecution, so as to hold that the respondent was involved for the commission of the alleged crime. 4) Consequently, the appeal being devoid of merit is dismissed. Sd/- (Sanjay S. Agrawal) Judge Sd/- (Radhakishan Agrawal) Judge Chandrakant