1 2025:CGHC:52929-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3085 of 2025 State of Chhattisgarh Through The Station House Officer, Police Station Pathariya, District Mungeli (C.G.) ... Petitioner versus Amit Soni S/o Late Rajendra Soni Aged About 42 Years R/o Sonarpara, Near Mahamaya Mandir, Mungeli, Police Station Mungeli, District Mungeli (C.G.) Respondent (Cause-title taken from Case Information System) For Petitioner : Mr. Shashank Thakur, Dy. A.G. For Respondent : Mr. Dheerendra Pandey, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 30.10.2025 1. The State has sought leave to appeal against the impugned judgment of acquittal dated 01/03/2025 passed in Special Criminal Case No. 40/2023 by the learned Additional Sessions Judge, FTC, Mungeli, District:Mungeli, C.G. whereby the trial Court has acquitted the respondent/accused from the offences punishable under Section 354 IPC (Eight times), Section 9(F) POCSO Act in violation of Section 10 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.10.31 18:56:36 +0530 2 (Eight times) of POCSO Act and Section 376(3) of IPC and Section 5(F) of POCSO Act in violation of Section 6 of POCSO Act and Section 3(1)(XI)(Five times), Section 3(2)(v) of SC and ST Act. 2. I.A. No.1, application for condonation of delay in filing the petition. 3. For the reasons mentioned in the application, the same is allowed and delay in filing the petition for leave to appeal is condoned. 4. Case of the prosecution, in brief, is that the complainant Smt. Chandani Jaisinghani (PW/04) has lodged written report before the Police Station Pathariya, District Mungeli that Amit Soni/accused, a teacher of Government Pre-Secondary Girls School, used to misbehave and molest girls of SC/ST communities with bad intentions. Based on above facts, FIR was registered in the concerned Police Station and thereafter, the case was taken up for investigation. 5. After completing the investigation, a charge-sheet was filed against the respondents herein. In order to prove its case, the prosecution has examined 23 witnesses. Statements of the respondent under Section 313 of the Cr.P.C was recorded wherein he has pleaded that he has been falsely implicated and he is innocent. 6. After appreciating the oral as well as documentary evidence, the learned trial Court vide its judgment dated 01.03.2025 acquitted the respondent/accused herein from the charges framed against him. Hence, this appeal. 7. Learned counsel for the State submits that the impugned judgment passed by the learned trial Court is erroneous and contrary to the settled 3 principles of law and the evidence available on record. He submits that the allegations leveled by the victim upon the respondent/accused was proved by cogent evidence, but the learned trial Court has not considered the evidence which supported the case of prosecution. Learned counsel submits that the allegation made by the victim girls have been corroborated by their respective parents as well as other prosecution witnesses. Date of birth of the victim girls have further been proved by the PW-7 Headmaster, who has proved the admission register, which mentioned the date of birth. Learned counsel further submits that the complainant PW-4 Teacher, has clearly deposed about the commission of offence by the respondent/accused. The learned Trial Court has not appreciated the material & evidences and acquitted the respondent, which is illegal, bad in law and liable to be set-aside. 8. Considering the facts and circumstances of the case, particularly the fact that the learned trial Court has mislead the evidence on record and has acquitted the accused/respondents though there is clear allegation made by the victims, who are students of the school where the respondent/accused was in the post of Teacher. The victim girls, who are the students of school and below the age of 18 years, which clearly proved on the basis of Admission Register; and looking to the nature and gravity of offence committed by the respondent being a Teacher of the school where victim girls were studying, we are of the considered opinion that the present is a fit case to allow leave to appeal. 9. Accordingly, the application for leave to appeal is allowed against accused/respondent. 4 10. Office is directed to register the case under the head of “Acquittal Appeal”. 11. The CrMP is disposed of accordingly. 12. The acquittal appeal is also stand admitted. 13. Let a bailable warrant for a sum of Rs.5,000/- be issued against the accused / respondent for his presence before the concerned trial Court on 10/11/2025. Notice be served to accused/respondent through concerned Chief Judicial Magistrate. 14. Post the matter for final hearing on 10/12/2025. 15. In the meanwhile, record of the trial Court be summoned within a week and thereafter paper book be prepared as per the Chhattisgarh High Court Rules, 2007. SD/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep/Shoaib