1 2026:CGHC:26781-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 109 of 2018 State of Chhattisgarh, Through- Police Station Ramanujganj, District Balrampur-Ramanujganj (CG) ... Appellant versus Sumant Gupta S/o Ramprasad Gupta, Aged About 19 Years, R/o Village Bhawarmal, Police Station Ramanujganj, District Balrampur-Ramanujganj (CG) ---- Respondent For Appellant/State : Mr. Krishna Gopal Yadav, Dy. G.A. For Respondent : None, though served. Division Bench Hon'ble Shri Justice Sanjay S. Agrawal & Hon'ble Shri Justice Narendra Kumar Vyas Judgment on Board 01.07.2026 Per Sanjay S. Agrawal, J. 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 23.12.2017, passed by the Additional Sessions Judge, Ramanujganj, Civil District- Surguja SUNITA GOSWAMI Digitally signed by SUNITA GOSWAMI Date: 2026.07.01 17:02:43 +0530 2 (Ambikapur) (CG) in Sessions Trial No.R-53/2017, whereby, the respondent- Sumant Gupta, has been acquitted with regard to the offence punishable under Sections 376 (2)(n) and 313 of IPC. 2. From perusal of the record, it appears that the respondent has been charge-sheeted for the offence mentioned herein-above based upon a written report (Ex.P-1) lodged by the prosecutrix on 07.07.2017 before the Police Station, Ramanujganj, District Balrampur, wherein, it was alleged that the respondent, while alluring her on the pretext of marriage committed sexual intercourse on 27.03.2017 at the Rest House in Ramanujganj and, thereafter again on 20.05.2017 and 05.06.2017 and, has refused to marry her and, during the course of investigation, it was revealed that because of the alleged act of the respondent, she became pregnant and the respondent has succeeded to get it aborted by administering abortion pills. 3. Although, it was alleged by the prosecutrix that the respondent has committed sexual intercourse with her while alluring on the pretext of marriage as such and, owing to which, she became pregnant and the respondent has succeeded to get it aborted by administering the abortion pills. But, from perusal of her alleged report (Ex.P-1), it was nowhere alleged that she became pregnant or the respondent has aborted it while administering abortion pills to her. It is revealed further from paragraph 8 of her testimony that no medicine as such for abortion was administered by him. Pertinently, to be noted here further, as revealed from paragraph 10 of her testimony that the alleged relation was not made by him while alluring her on the pretext of marriage and, 3 instead was made by their mutual consent. 4. In view of the aforesaid background, we do not find any infirmity in the impugned judgment of the trial Court acquitting him 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. Sd/- Sd/- (Sanjay S. Agrawal) (Narendra Kumar Vyas) Judge Judge sunita