1 2025:CGHC:45227-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 39 of 2024 1 - Xyz Nil ... Appellant versus 1 - State Of Chhattisgarh, Through Station House Officer, Police Station Pachpedi, District- Bilaspur (C.G.). 2 - Arun Miri S/o Shri Jagjivan Miri, Aged About 22 Years, R/o Belha, P.S. Pachpedi, District- Bilaspur (C.G.). ... Respondent(s) For Appellant : Mr. Syed Afaque Hussain Rizvi, Advocate For Respondent No.1/State : Mr. Sachidanand Yadav, P.L. DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment On Board Per Sanjay S. Agrawal, J 04/09/2025 1) This appeal has been preferred by the appellant/prosecutrix under Section 372 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 29/09/2023 passed by the Special Judge, Scheduled Castes and Scheduled Tribes CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.09.04 17:26:05 +0530 2 (Prevention of Atrocities) Adhiniyam, 1989, Additional Charge, Additional Sessions Judge (F.T.C.) Bilaspur (C.G.) in Sessions Trial No.137/2023, whereby, the respondent No.2-Arun Miri has been acquitted with regard to the offence punishable under Section 376(2)(n) of IPC. 2) It is alleged by the prosecution that the respondent No.2-Arun Miri, while alluring the prosecutrix on the pretext of marriage took her to the forest on 29/04/2023 at 01:00 PM and committed sexual intercourse, and has repeated the same on 09/05/2023 as well and, thereafter refused to marry with her. 3) It, however, appears from perusal of the record that on account of the alleged incident, the prosecutrix was examined medically on 21/05/2023 and, the doctor (not examined), who treated her was, however, did not give definite opinion that any sexual intercourse was performed upon her, even in FSL report (Ex.P-15), no human sperm was found either on her undergarment or on the slide of her. That apart, although it was alleged by the prosecutrix that the alleged act was done by the respondent No.2 on 29/04/2023 and thereafter on 09/05/2023, but no report was, however, lodged by her immediately, nor nay reasons was assigned as to why it was lodged after passing of considerable period on 20/05/2023. 4) Besides, the prosecutrix, who was 27 years old, was examined as PW-1 and, a bare perusal of her testimony would reveal the fact that, in fact, the said respondent has not done anything wrong with her, either on 29/04/2023 or on 09/05/2023. In view thereof, the trial 3 Court after taking note of those materials, has not erred in acquitting him from the commission of the alleged crime. 5) The appeal being devoid of merit is, accordingly, dismissed at the admission stage itself. -Sd/- (Sanjay S. Agrawal) Judge -Sd/- (Radhakishan Agrawal) Judge Chandrakant