1 2025:CGHC:11948-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 58 of 2025 XYZ ... Appellant versus Amar Pankaj @ Renu, S/o Nakul Prasad Pankaj, Aged About 28 Years, R/o Jamgahan, P.O.- Bhatgaon, Tahsil- Bhatgaon, District Sarangarh - Bilaigarh (C.G.) ... Respondent For Appellant : Mr. Prahalad Panda, Advocate D.B:-Hon’ble Shri Justice Sanjay S. Agrawal, Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per: Sanjay S. Agrawal, J. 11/03/2025 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 28/10/2024 passed by the learned Additional Sessions Judge, Sarangarh, District- Sarangarh-Bilaigarh (C.G.) in Sessions Trial No. No.33/2024 whereby, the respondent has been acquitted from the offence punishable under Sections 376(2)(n), 506 Part-II and 323 of IPC. PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2025.03.12 13:09:08 +0530 2 2. Briefly stated, the case of the prosecution is, that on 05/04/2024, a report (Ex.P/1) was lodged by the prosecutrix before the Police Station- Bhatgaon, alleging inter-alia that, she is a teacher by profession working in Private Lotus Public School at Bhatgaon and has three children and her husband, who is a Gram Sachiv of Villages- Bandari and Sonadula, often used to reside outside of the house and on 04/03/2024 at 09:00P.M., when she was alone at home, the respondent came and committed sexual intercourse with her forcefully and threatened to give liquor to her husband while mixing something on it, if she disclosed the said fact to him. It is alleged further that he again came on 24/03/2024 at 08:00 P.M. and committed the sexual intercourse with her. Further of her allegation is that, on 30/03/2024 at 06:00 P.M., when she was doing something in the kitchen, he again came and committed the sexual intercourse with her forcefully and on the next date i.e. 31/03/2024, he came at 06:00 P.M. and tried to maintain the physical relations and when it was resisted, he abused and assaulted with hands and fists and fled away. It is alleged further that she has narrated the entire incident to her husband on 05/04/2024 and, thereafter lodged the alleged report along with her husband and based upon which, an FIR (Ex.P/2) was registered against the respondent in connection with the Crime No.85/2024 against him for the offence punishable under Sections 376(2)(n), 294, 323 and 506 of IPC. 3. During investigation, she was examined medically on 05/04/2024 by Dr. Akanksha Pradhan (PW-9), who has submitted her report (Ex.P/17) and, the undergarments of the prosecutrix as 3 well as the respondent were sent for chemical examination, where no human sperm was found in Article-A i.e. the undergarment of the respondent vide FSL report (Ex.P/21) and after completion of investigation, the charge-sheet was submitted before the Judicial Magistrate First Class, Bhatgaon against the respondent for the offence as mentioned hereinabove and the matter was thereafter, committed for its trial to the learned Additional Sessions Judge, Sarangarh, where the charges were framed against him under Sections 376(2)(n), 506 Part-II and 323 of IPC and he denied the alleged charges and claimed to be tried. 4. In order to bring home the guilt of the respondent, the prosecution has examined as many as 11 witnesses and has exhibited 26 documents, while respondent has examined himself in his defence and, the trial Court, after considering the evidence led by the parties, particularly, the statement of the prosecutrix and her husband, arrived at a conclusion that the respondent has not committed the alleged offence forcefully contrary to her wish and accordingly, he has been acquitted form the commission of the alleged offence as mentioned hereinabove and, being aggrieved, the instant appeal has been preferred. 5. Learned counsel appearing for the appellant/prosecutrix submits that the finding of the trial Court holding that the respondent is not involved in connection with the alleged crime is apparently contrary to the materials available on record, in as much as, the evidence led by the prosecution, particularly, the statement of the prosecutrix and the report lodged by her, have not been scanned in 4 its proper manner and, thereby, erred in acquitting the respondent from the commission of the alleged crime as such. 6. From perusal of the record, it appears that the respondent has been charge-sheeted with regard to the offence punishable under Sections 376(2)(n), 506 Part-II and 323 of IPC. According to the prosecution, a written report (Ex.P/1) was lodged by the prosecutrix on 05/04/2024, wherein, it has been alleged that when she was alone at home, the respondent came on 04/03/2024 at 09:00 P.M. and committed sexual intercourse with her forcefully and threatened her, if she disclosed the alleged incident to her husband and thereafter, he again committed the same on 24/03/2024 and 30/03/2024 and tried to commit the same again on 31/03/2024 and when she resisted, she was assaulted by him with hands and fists and thereafter, he fled away from the spot and has narrated the entire story to her husband and based upon which, an FIR was registered on the same day, vide Ex.P/2. 7. In order to establish the alleged allegations, the prosecutrix was examined as PW-1, however, in her statement, it was stated at paragraph 3 that when respondent tried to commit sexual intercourse with her, she had resisted, but was threatened by him with the aid of knife. The alleged act of his threat has, however, not mentioned in her written report (Ex.P/1) lodged on 05/04/2024. Further of her statement would show that she disclosed the alleged incident to her husband on 04/04/2024, but, at the time of lodging of the alleged report, it was, however, to be disclosed to him on 05/04/2024. Besides, she has neither lodged any report up to 5 04/04/2024, nor has disclosed the alleged fact to anyone else, except to her husband and that too on 05/04/2024. It appears further from her testimony, particularly, at paragraph 15, that when the respondent has committed the sexual intercourse with her, it was, however, not resisted by her nor any kind of forceful intercourse was found to be committed upon her, as revealed from the statement of Dr. Akanksha Pradhan (PW-9), who medically examined her. It reveals further from the statement of the prosecutrix that she has admitted regarding sending of various vulgar SMS and Whatsapp messages to him and, not only this, she has done shopping with him as well. The entire of her testimony would, thus, reveals the fact, that the alleged act was not committed by the respondent contrary to her wish and rather appears to have been done with her consent. In view thereof, the trial Court, after considering her testimony has not committed any illegality in acquitting the respondent from the commission of the alleged crime, so as to call for any interference in this appeal. 8. The appeal being devoid of merit is, accordingly, dismissed at the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Prashant