1 2025:CGHC:48704-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 78 of 2024 1 - XYZ ... Appellant (Complainant) versus 1 - State Of Chhattisgarh Through Police Station Dongargaon, District : Rajnandgaon (CG) 2 - Punaram Chandravanshi @ Punam Kumar S/o Gulab Ram Chandravanshi Aged About 22 Years Police Station Dongargaon, District : Rajnandgaon (CG) (Accused) (Note: address of the accused has not been disclosed by the trial court) ---- Respondent _____________________________________________________________ For Appellant : Shri Manoj Kumar Sinha, Advocate For State/Respondent No.1 : Ms. Pragya Pandey, Dy. Govt. Advocate For Respondent No.2 : Shri Vinod Kumar Tekam, Advocate ------------------------------------------------------------------------------------------------------- DB: Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment On Board Per Sanjay S. Agrawal, J. 23.09.2025 1. This appeal has been preferred by the prosecutrix under Section 372 of the Code of Criminal Procedure, 1973, questioning the legality and SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2025.09.24 10:28:45 +0530 2 propriety of the judgment dated 21.03.2023 passed by the Additional Sessions Judge (F.T.C.), Rajnandgaon (CG) in Sessions Trial No.92/2021, whereby, the respondent/accused No.2- Punaram Chandravanshi @ Punam Kumar has been acquitted with regard to the offence punishable under Sections 450, 376(2)(n) and 506 Part-II of IPC. 2. According to the prosecution, a report (Ex.P-1) was lodged by the prosecutrix on 25.05.2021 before the Police Station- Dongargaon of District Rajnandgaon, alleging inter alia, that from 01.12.2020 upto 31.12.2020, i.e. 5 months prior to lodging the alleged report, the respondent No.2- Punaram Chandravanshi @ Punam Kumar, who is a neighbour, while crossing the Badi of her house, came and committed forcefully sexual intercourse with her when she was alone at home and threatened to kill, if she disclosed the alleged incident to anyone else. It is alleged further that he committed the alleged act for several times, in absence of her mother and when her mother took her to the Doctor, it was disclosed there that she was pregnant and then, she narrated the entire incident to her mother and, based upon which, the said respondent was charge-sheeted for the offence mentioned herein- above. 3. In order to establish the alleged fact, the prosecutrix was examined as PW-1 and, a bare perusal of her statement, would reveal the fact that she was a married woman and oftenly visited to her maternal home and because the doubt on her character, her husband left her. It reveals further from her testimony as well as of her mother (PW-2) that she was not only residing with her mother alone, but her sister, brother 3 and sister-in-law were also residing at home and it reveals further from her testimony that if the alleged act would have been done by him, certainly her sister, brother and sister-in-law and also the neighbours would have known about it. Further of her testimony, particularly paragraph 10, would reveal the fact that she was in love affair with the respondent and that was the reason why she used to visit her maternal home oftenly and because of that, her husband has left her. It was admitted by her specifically that the alleged physical relations were made on her own consent and was not in fear with him. It, thus, appears from her testimony that she was not only a consenting party with regard to the alleged relation, but her husband has left her because of her character and love affair with the respondent. It is to be seen further that in order to ascertain the paternity of the concerned child, the blood sample of her along with the blood sample of the respondent/accused- Punaram Chandravanshi @ Punam Kumar were sent for chemical examination, along with the blood sample of the concerned child, but according to the DNA (deoxyribonucleic acid) test report (Ex.P-30), the said respondent/accused was not found to be the biological father of the concerned child. 4. Considering the facts and circumstances of the case, we, therefore, do not find any substance in this appeal. The appeal, being devoid of merit is, accordingly, dismissed at the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Sanjay Kumar Jaiswal) JUDGE JUDGE sunita