1 2025:CGHC:59579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 148 of 2023 • State Of Chhattisgarh, Through Police Station AJK, Baikunthpur, District Korea (Chhattisgarh). ... Appellant versus • Shrawan Kumar Jaiswal @ Shrawan Kumar Rai S/o Mohan Lal, Aged About 30 Years, R/o. Village Ghutra, Ward No.07, Police Station Manendragarh, District Manendragarh-Chirmiri-Bharatpur (Chhattisgarh). ... Respondent For Appellant/State : Mr. Ratan Pusty, Govt. Advocate. For Respondent/Complainant : Mr. Aman Upadhyay, Advocate SB: Hon'ble Shri Justice Sanjay S. Agrawal Judgment On Board 08/12/2025 1) This appeal has been preferred by the appellant/State under Section 14(A)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, questioning the legality and propriety of the judgment dated 26/09/2022 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Baikunthpur, District Koriya (C.G.) in Special Criminal CHANDRAKANT DEWANGAN Digitally signed by CHANDRAKANT DEWANGAN Date: 2025.12.08 18:58:27 +0530 2 Case No.48/2018, whereby, the respondent has been acquitted with regard to the offence punishable under Sections 294 and 506 Part-II of IPC, read with Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the SC/ST Act”). 2) According to the prosecution, an undated written report (Ex.P-1) was lodged by the complainant- Baburam Singh before the Police Station Manendragarh, District Koriya, alleging inter-alia, that on 05/08/2018, when he was doing the drainage work, the respondent came and started misbehaving him, while using filthy words in the name of his mother, sister and also in the name of his caste and threatened to kill him, which was intercepted by Manijar Yadav and one Sunil Kumar Rai and, thereafter one Manoj Patel also and rescued him. Based upon the alleged allegation, the respondent has been charge sheeted with regard to the offence mentioned here- inabove. 3) From perusal of the report (Ex.P-1), lodged by the complainant, it appears that the alleged incident was occurred on 05/08/2018, when he was abused by the respondent, while using filthy words in the name of his mother, sister and also in the name of his caste and was rescued by Manijar Yadav, Sunil Kumar Rai and one Manoj Patel. 4) Although, it was stated by the complainant-Baburam Singh (PW-1) that he was abused by the respondent on the said fateful day in the name of his mother, sister and caste and was rescued by Manijar Yadav, Sunil Kumar Rai and Manoj Patel, but, from para 10 of his testimony, it appears that one report was, infact, lodged by the 3 respondent against him before the Sub-Divisional Officer at Manendragarh on 08/08/2018 and, based upon which, he (complainant) received the notice from the said authority. The said report was, thus, found to be lodged by the respondent, after the occurrence of the alleged incident, which alleged to have been occurred on 05/08/2018. Even otherwise, the alleged report was lodged by the complainant on 16/08/2018, i.e. 11 days after the occurrence of the alleged incident. The reasons which has been assigned by him was that since he was out of the house for his family work, therefore, he could not lodge the same in earlier occasion, but, the alleged of his explanation is, however, not found to be trustworthy as, when a specific question was put to him in this regard, it was replied by him at para 15 that he was unable to state where had he gone on the occurrence of the alleged incident. Even, the use of filthy words, as alleged by him, was not found to be supported by other prosecution witnesses, namely, Manijar Yadav (PW-4), Sunil Kumar Rai (PW-2) and Manoj Kumar Patel (PW-8), who were present on spot and, the trial Court after taking note of these materials has, therefore, 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. 5) The appeal being devoid of merit is, accordingly, dismissed at the admission stage itself. Sd/- (Sanjay S. Agrawal) Judge Chandrakant