1 2025:CGHC:57462-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 103 of 2018 State of Chhattisgarh, Through The Police Station Balauda, District Janjgir Champa (C.G.) ... Appellant versus Sanju @ Sanjay S/o Udey Ram Satnami, Aged About 30 Years, R/o Budgahan Saraital, P. S. Balauda, District Janjgir Champa (C.G.) ---- Respondent For Appellant/State : Shri Ruhul Ameen, Panel Lawyer For Respondent : Shri C.R.Sahu, Advocate. Division Bench Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board. 26.11.2025 Per Sanjay S. Agrawal, J. 1. This appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure, 1973 against the judgment dated 20.09.2017 passed by the Additional Sessions Judge (F.T.C.) Janjgir, District Janjgir-Champa (CG) in Sessions Trial No.161/2014, SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.11.27 11:15:22 +0530 2 whereby, the respondent- Sanju @ Sanjay, has been acquitted with regard to the offence punishable under Section 376 of IPC. 2. According to the prosecution, the respondent- Sanju @ Sanjay, while alluring the prosecutrix, who was mentally weak, on the pretext of providing her money, has committed sexual intercourse with her on 12/06/2014 when she was alone at home and, the alleged fact was narrated by her to her mother when she returned home at 4.00 pm, who then lodged an FIR (Ex.P-7), based upon which, the respondent has been charge-sheeted for the offence punishable under Section 376 of IPC. 3. In order to establish the alleged allegation, the prosecutrix was examined as PW-8 and, according to her, the respondent came on the said fateful day while consuming liquor and committed sexual intercourse with her. Although, it was deposed by her at para 1 of her testimony as such, but from perusal of her cross-examination, it appears that there was a love affair of her mother with the respondent and, she used to reside with him at village Saraital (Budgahan) like husband and wife. Further of her testimony would reveal the fact that she has narrated all that as per the guidance of her mother, as he took the money from her mother and if she would not have alleged as such, the amount given to him would not be refunded and, therefore, in order to get the money back, she has alleged as such against him as per the instruction of her mother. She, thus, appears to be a tutored witness and no reliance, therefore, could be placed upon her. Her mother was examined as PW-7 and it appears from her testimony that she was in love relation with the respondent, to whom, she had given money for 3 purchasing the motorcycle, which was not being repaid to her despite the Panchayat meeting was convened in the village. It appears further from her testimony that since he was not paying the amount, the alleged report was, therefore, lodged by her. Further of her testimony would reveal the fact that since the respondent has got married to someone else, a quarrel was, therefore, started between them. It is to be seen further that although, it was alleged by her in her alleged report (Ex.P-7) that her daughter, the prosecutrix, is mentally ill, but from her cross-examination, it is revealed from para 8 that, her daughter is not mentally a weak person. Her statement, too, is, thus, not a reliable one in order to implicate the respondent for the commission of the alleged crime, as was narrated by her in her alleged report (Ex.P-7). 4. It is to be seen further that on account of the alleged incident, the prosecutrix was examined by Dr. Mamta Jagat (PW-4), but a bare perusal of her report (Ex.P-4) and the statement of her, it appears that she did not get any injury on her body. That apart, she has referred her to the Gynecologist for an opinion as to weather any intercourse was committed upon her or not, but, no report in this aspect was, however, placed on record, so as to hold that any kind of sexual intercourse, as was alleged by her mother, was committed upon her. 5. Pertinently, to be noted here further that the undergarment of the respondent and the undergarment of the prosecutrix, recovered on 16/06/2014 vide Ex. P-1 and Ex. P-3, respectively, were sent for the chemical examination vide memo (Ex.P-11) dated 04/07/2014, but no 4 report as such was even placed on record for the reasons best known to the prosecution. 6. In view of the aforesaid background and, particularly in absence of any cogent and reliable evidence led by the prosecution, we, therefore, do not find any substance in this appeal, so as to call for any interference in the judgment under appeal passed by the trial Court acquitting the respondent from the commission of the offence punishable under Section 376 of IPC. 7. The appeal being devoid of merit is, accordingly, dismissed. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) Judge Judge sunita