1 2026:CGHC:21529-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 269 of 2023 1 – XYZ ... Appellant(Victim) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Rajpur, District- Balrampur-Ramanujganj, Chhattisgarh. 2 - Ramnath Kaser S/o- Late Baliram Aged About 40 Years R/o- Village- Navki (Aamdand), Police Station Rajpur, District- Balrampur- Ramanujganj, Chhattisgarh. ... Respondents For Appellant/Victim : Shri Suresh Tandon, Advocate. For State/Respondent No.1 : Ms. K. Radhika, Panel Lawyer. DB: Hon’ble Shri Justice Sanjay S. Agrawal & Hon’ble Shri Justice Narendra Kumar Vyas Judgment on Board Per Sanjay S. Agrawal, J 08/05/2026 1. This appeal has been preferred by the victim under proviso to Section 372 of the Code of Criminal Procedure, 1973 questioning the legality and propriety of the judgment dated 02.06.2023 NIKITA JAIN Digitally signed by NIKITA JAIN Date: 2026.05.08 16:55:04 +0530 2 passed by the Sessions Judge, Balrampur Place Ramanujganj (C.G.) in Sessions Trial No.103/2021 (Crime No.96/2021), whereby, the respondent No.2 has been acquitted with regard to the offence punishable under Section 376(2)(l) and (n) of IPC. 2. From perusal of the record, it appears that respondent No.2- Ramnath Kaser has been charge-sheeted with regard to the offence mentioned herein-above on the basis of the written complaint (Ex.P.-6) lodged by the mother of the victim, wherein it was alleged that the said respondent, who is her maternal uncle, took her daughter to his house under the pretext of cooking, where he committed sexual intercourse with her and, repeated the alleged act whenever he got the opportunity and, based upon her alleged allegation, the said respondent has been charge-sheeted as such. 3. It, however, appears from perusal of the statement of the victim (PW-1) that, though at paragraph 2, it was stated by her that when she went towards river to bathe, the said respondent came and took her to his house and committed sexual intercourse with her, owing to which, she became pregnant, but, from perusal of her further statement, particularly, as revealed from paragraph 11, would show that a Panchayat was convened on account of the alleged incident, where one Suraj, who is her maternal aunt's (mausi) son, has admitted that he is the father of the child and then went his house after leaving the panchayat meeting. Further of her testimony would reveal the fact that she and her mother 3 have lodged the alleged report (Ex.P.6) against the said respondent as per the advise given by the villagers and, it appears further from paragraph 13 of her statement that, she never visited the said respondent’s (Ramnath Kaser) house. Her mother (PW-2) in her statement also stated that said Suraj has admitted his alleged guilt in the said meeting and then gone towards his village. It reveals further from her testimony that in the said panchayat meeting, the said respondent has insisted upon to get his DNA test conducted in order to ascertain the paternity of the child, but, despite his said request, it was not carried out. 4. Pertinently to be noted here further that during trial, DNA test of the victim, the respondent – Ramnath Kaser and, of the said child was conducted, and according to the said report, placed on record, would show that autosomal DNA profile of the source of exhibit B (bloodstains said to be of Male baby) is not matching with the autosomal DNA profile of the sources of exhibit C (bloodstains said to be of respondent No.2- Mr. Ramnath Kaser). 5. In view of the evidence of the victim (PW-1) and her mother (PW- 2), vis-a-vis, the aforesaid report of DNA test, the respondent No.2 is, thus, not found to be the biological father of the child and, it, thus, appears that he has been falsely implicated in connection with the alleged crime. 6. In view of the aforesaid background and, in absence of any cogent and reliable evidence led by the prosecution attributing the 4 respondent No.2 for the commission of the alleged crime, the trial court has, therefore, not committed any illegality in acquitting him from the commission of the alleged crime. 7. The appeal, being devoid of merit is, accordingly, dismissed at the admission stage itself. Sd/- Sd/- (Sanjay S. Agrawal) (Narendra Kumar Vyas) JUDGE JUDGE Nikita