1 2025:CGHC:41026-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 37 of 2023 1 - Xyz (Victim) ... Appellant versus 1 - State of Chhattisgarh Through The Police Station Mainpur, District - Gariyaband, Chhattisgarh. 2 - Chinturam Thakur S/o Late Shri Balluram Thakur Aged About 60 Years Caste - Gond, R/o Arjunda, District - Balod (Chhattisgarh), Current Address - Muktagiri Colony, Koverin Bhatha, Police Station - Basatnpur, District - Rajnandgaon, Chhattisgarh. ---- Respondents For Appellant : Shri Rahul Kumar, Advocate For State/Respondent No.1 : Shri Ruhul Ameen, Panel Lawyer For Respondent No.2 : None DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board 14.08.2025 Per Sanjay S. Agrawal, J. 1. This appeal has been preferred by the prosecutrix under Section 372 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 29.09.2022, passed by the Additional SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.08.14 17:13:51 +0530 2 Sessions Judge Fast Tract Special Court (POCSO and Rape Cases), Gariyaband (CG) in Sessions Trial No.58/2021, whereby, the respondent No.2-Chinturam Thakur has been acquitted with regard to the offence punishable under Sections 376 (2)(n) and 417 of IPC. 2. According to the prosecution, the reports (Ex.P-1 and Ex.P-2) were lodged by the prosecutrix, alleging inter alia, that the respondent No.2- Chinturam Thakur, while alluring her to keep as his wife, made the physical relations since 2016 and thereafter, refused to keep her as his wife and, based upon which, the said respondent has been charge- sheeted with regard to the offence punishable under Sections 376 (2) (n) and 417 of IPC. 3. At the outset, it appears that the prosecutrix (PW-1), a married lady, aged about 45 years old, having four children was not only aware that the respondent No.2 was a married man, but has made the alleged physical relations with him with her consent and, the alleged fact was admitted by her specifically that it was made with her consent on many occasions and, has lodged the alleged reports only when she was assaulted by his wife, as such, the trial Court has, not erred in acquitting the respondent No.2-Chinturam Thakur from the commission of the alleged crime. 4. In view of above, we are not inclined to admit this appeal. The appeal being devoid of merit is, accordingly, dismissed at the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) Judge Judge sunita