1 2025:CGHC:59540 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 48 of 2023 State Of Chhattisgarh Through Its Station House Officer, Police Station Ajk Ambikapur, District : Surguja, Chhattisgarh ….Appellant versus Piyush Tripathi S/o Shri Arun Kumar Tripathi Aged About 35 Years R/o Sattipara Kesar Bhavan Ambikapur, Police Station Ambikapur, District : Surguja Chhattisgarh ... Respondent For Appellant : Mr. Ruhul Ameen, P.L. For Respondent : None. S.B. : Hon'ble Shri Justic e Sanjay S. Agrawal Judgment on Board 08/12/2025 1. This appeal has been preferred by the Appellant/ State under Section 378 of the Code of Criminal Procedure, 1973 questioning the legality and propriety of the judgment dated 15.09.2021 passed by the Special Judge, Surguja (Ambikapur) {under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989} in Special Sessions (Atrocities) Case No.10/2019, ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2025.12.08 18:53:27 +0530 2 whereby, the respondent has been acquitted with regard to the offence punishable under Sections 279, 294 & 353 of IPC, read with Section 3(1)(ध) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the SC/ST Act”). 2. According to the prosecution a written report (Ex.P/1) was lodged by the complaint- Constable No.533 namely, Karamchand Pakera before the Police Station-Kotwali Ambikapur District-Surguja, alleging, inter alia, that on 8.06.2018, he was going to join his duty at Gangapur Chawk by his motorcycle and in the night around 11:15 pm, when he reached near the culvert of Central Road Jail, Ambikapur, his vehicle was dashed vehemently by the respondent while driving his car bearing registration No.CG-15 CX-8899 in a rash and negligent manner, owing to which, he fell down, but has not sustained injuries as he was intevened by others and, the alleged of the incident was seen by one Rajesh Sonmani and, based upon the alleged report, an FIR (Ex.P/2) was registered against the respondent for the offence punishable under Sections 279 & 294 IPC, read with Section 3(1)(x) of SC/ST Act and, after completion of due investigation, the charge-sheet was submitted before the concerned trial Court, where, based upon the materials available on record, he was charge-sheeted for the offence punishable under Sections 279, 294 and 353 of IPC, read with Section 3(1)(ध) of SC/ST Act. 3 3. 3 3. In order to establish the alleged allegation the complainant was examined as PW/1 and, it was stated by him that on the said fateful day, when he was going to join his patrolling duty at Gangapur Chawk by his motorcycle, he was dashed from his opposite direction by the respondent while driving his car, owing to which he fell down and sustained injuries on his head and leg. He deposed further that when he objected regarding the alleged driving of him, he was, then, abused by him with filthy words and after seen his nameplate of his motorcycle, he started abusing in the name of his caste and threatened to remove his dress (verdi) as well. Further of his testimony would show that the alleged incident was informed by him to the constable- Rajesh Sanmani and the constable-Kishore Tiwari. Although, it was alleged by him, as such, but from a bare perusal of the report (Ex.P/1) lodged by him, it appears that the alleged incident was seen by one Rajesh Sanmani, therefore, it cannot be said that he was informed by him on telephone as deposed by him. Even otherwise, he was not examined by the prosecution, in order to, corroborate the testimony of his version. Insofar as, Kishore Tiwari (PW/3) is concerned, it appears that the alleged threat, as was stated by the complainant, was not found to be supported by him as revealed from his testimony, nor the complainant has offered any proper explanation as to why the report was made by him on 21.06.2018 with regard to the incident occurred on 08.06.2018, nor even has furnished the said fact regarding the alleged incident after 4 returning to his patrolling point at 4:05 am i.e. on next day of the incident as reveled from the General Diary, dated 08.06.2018 (Ex.D/2). The evidence of him has, thus, not found to be corroborated by others, so as to be taken into consideration for attributing the respondent for the commission of the alleged crime. 4. In view of the above, the appeal being devoid of merit is, accordingly, dismissed at the admission stage itself. Sd/- (Sanjay S. Agrawal) Judge Arpan