1 2025:CGHC:42645-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 235 of 2018 State Of Chhattisgarh Through The Police Station Akaltara, District Janjgir- Champa, Chhattisgarh. ... Appellant versus Sanjay Ratre S/o Dilip Ratre Aged About 23 Years R/o Village Piparsatti, P. S. Akaltara, District Janjgir-Champa, Chhattisgarh. ... Respondent For State/Appellant : Ms. Pragya Pandey, Dy. G.A. For Respondent : Mr. Anshit Singh Hora, Advocate appears on behalf of Mr. Ravindra Sharma, Advocate D.B:-Hon’ble Shri Justice Sanjay S. Agrawal, Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Sanjay S. Agrawal, J. 22/08/2025 1. This appeal has been preferred by the appellant/State under Section 378 of Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 27/01/2018 passed by Special Judge (under POCSO Act) Janjgir, District-Janjgir-Champa (C.G.) in Special Criminal Case No.25/2017, whereby, the respondent has been acquitted with regard to the offence punishable under Section PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2025.08.22 18:22:35 +0530 2 6 of the Protection of Children from Sexual Offences, Act, 2012 (hereinafter referred to as “the POCSO Act”) and, in alternatively, under Sections 376, 323 and 294 of IPC. 2. According to the prosecution, a written report (Ex.P/2) was lodged by the prosecutrix on 28/03/2017, before the Police Station- Akaltara, District- Janjgir-Champa (C.G.), alleging inter-alia, that she is a student of Class 9th and came in contract with the respondent, who, on the pretext of marriage has exploited her physically for the period of one year and made physical relations with her lastly on 06/03/2017 and, it was alleged further that, on 24/03/2017, he refused to marry her and had offered some amount and when she refused, she was assaulted by him with hands and fists, owing to which, she sustained certain injuries and alleged further that, on 27/03/2017, he came in intoxicated stage, along with his maternal uncle and others and abused her using filthy words. 3. Based upon the alleged information, an FIR (Ex.P/3) was registered on the same day against him (respondent) for the offence punishable under Sections 376, 294 and 323 of IPC read with Section 4 of the POCSO Act and, after completing the investigation, the charge-sheet was submitted and the concerned trial Court, after considering the materials available on record has framed the charge as mentioned herein above, which was denied by him and claimed to be tried. 4. In order to establish the alleged allegations, the prosecutrix was examined as PW-2 and from perusal of her statement, it appears that a quarrel was, infact, took place between her family with the respondent 3 and at that particular time, he and his maternal uncle have abused the family members of her (prosecutrix) and that appears to have been the reason why the report was lodged for the said purpose. It appears further from her testimony that the respondent has not made any physical relation with her on the pretext of marriage. Further of her statement, as reveled from her cross-examination, would show that the alleged report was, infact, prepared by the concerned Police Authorities, where she has just put her signature. Even she made the statement (Ex.P/6) voluntarily before the Judicial Magistrate First Class at Pamgarh recorded under Section 164 of Cr.P.C. that, nothing wrong was done by the respondent with her and, the alleged report was lodged at the instance of her parents. Her father (PW-3) has also stated that, the respondent has not made the alleged physical relations with his daughter while alluring her on the pretext of marriage. No cogent and reliable evidence has, thus, been led by the prosecution and, the trial Court after considering the said materials has not erred in acquitting the respondent from the commission of the alleged crime, so as to call for any interference in this appeal. 5. The appeal, being devoid of merit is, accordingly, dismissed. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Prashant