1 2025:CGHC:15836-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 44 of 2025 XYZ ... Appellant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Staton - Kawardha, District - Kabirdham (C.G.). 2 - Jitendra Soni S/o Shivendra Soni Aged About 23 Years R/o Village - Kabirpara, Present Address - Kailash Nagar Near Daihan, Kawardha, Police Station - Kawardha, District - Kabirdham (C.G.). ... Respondents For Appellant : Mr. Sudhir Kumar Shrivastava, Advocate appears on behalf of Mr. Dharmesh Srivastava, Advocate. For State/ Respondent No.1 : Mr. Atanu Ghosh, Dy. G.A. D.B. : Hon'ble Shri Justic e Sanjay S. Agrawal & Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Sanjay S. Agrawal, J. 04.04.2025 Heard on Admission. 1. This appeal has been preferred by the prosecutrix under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, questioning the legality and propriety of the Judgment dated 03.10.2024, ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2025.04.04 17:11:40 +0530 2 passed by the learned Additional Sessions Judge (FTC), Kawardha, District-Kabirdham (C.G.) in Sessions Trial No.08/2024, whereby, the Respondent No.2-Jitendra Soni has been acquitted with regard to the offence punishable under Sections 294, 506 Part-II and 376(2)(n) of IPC. 2. The Respondent No.2-Jitendra Soni, has been charge-sheeted with regard to the offence punishable under Sections 294, 506 Part-II and 376(2)(n) of IPC, on the basis of the Written Report (Ex.P/1) lodged by the prosecutrix on 01.09.2023, before the Police Station Kawardha of District-Kabirdham, wherein, it has been alleged that her love affair was there with the said respondent for the last 3 to 4 years and, that by alluring her on the pretext of marriage, he had made the physical relations with her for 3 to 4 years and when she asked for marriage, he, however, denied and by using filthy words threatened to kill and, based upon which, an FIR (Ex.P/2) was registered on the same day in connection with the Crime No.611/2023 and during investigation, her statement (Ex.P/6) was recorded under Section 161 of Cr.P.C., while her statement (Ex.P/5) was recorded 164 of Cr.P.C. She was sent for medical examination and vide report (Ex.P/7), it was revealed that she was not administered the contraceptive pills as was alleged by her in her statement (Ex.P/5) recorded under Section 164 Cr.P.C. The alleged allegation was even not found in her said Written Report (Ex.P/1) or in her statement 3 (Ex.P/6) recorded under Section 161 of Cr.P.C., nor even the FSL Report (Ex.P/18) was found positive. 3. That apart, the prosecutrix, who was examined as PW/1, has failed to establish the alleged allegations by saying that he has not made the alleged physical relations with her while alluring on the pretext of marriage and had stated further that the alleged report (Ex.P/1) was not lodged by her and her signature was obtained by the concerned Police Authorities, when it was blank. She has, thus, not supported the alleged allegations as alleged by her in her report (Ex.P/1). 4. Since the prosecutrix herself has not supported the prosecution- story, therefore, the trial Court, while taking note of her statement, has not committed any illegality by acquitting the said respondent 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 Arpan