1 CGHC010292432025 2026:CGHC:31719-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No.331 of 2025 ABC ... Appellant/Victim versus 1 - State Of Chhattisgarh Through Out Post Chikhali Police Station Kotwali District - Rajnandgaon, Chhattisgarh. 2 – D R S/o R R, Aged About 39 Years R/o Village Dhorithema Police Station Daundilohara, District Balod (CG) Present Address--”XXXX” Out Post Chikhali Police Station City Kotwali District - Rajnandgaon, Chhattisgarh. (Accused) ... Respondent(s) For Appellant : Smt. Uma Tiwari, Advocate For Respondent No.1 : Shri Rishi Raj Pithawa, Dy. Govt. Advocate D.B.: Hon’ble Shri Justice Sanjay S. Agrawal & Hon’ble Shri Justice Narendra Kumar Vyas Judgment on Board Per Sanjay S. Agrawal, J. 24/07/2026 1) This appeal has been preferred by the appellant/victim against the judgment dated 07/05/2025, passed by the learned Additional Sessions Judge. F.T.S.C.(POCSO), Rajnandgaon (C.G.) in Special Criminal (POCSO) Case No.47/2021, whereby, the respondent No.2 has been acquitted with regard to the offence punishable under Sections 376 (3), 506 Part-II of IPC and Section 4 (2) of Protection SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2026.07.25 15:10:03 +0530 2 of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the Act, 2012”). 2) From perusal of the record, it appears that the said respondent has been charge-sheeted with regard to the offence mentioned herein- above, based upon the written report (Ex.P-11) lodged by the victim’s mother before the In-charge, Police Station Chikhli, District Rajnandgaon on 27/05/2021, wherein, it was alleged that on 25/05/2021, when she returned home by 6 PM, her daughter was found to be sitting quietly and, upon enquiry being made, it was informed by her that one month ago, the respondent-accused took her to his house while alluring her and committed sexual intercourse and, threatened to kill, if she discloses the incident to anyone else. Based upon the alleged allegations, the said respondent has been charged as such. 3) In order to establish the alleged allegations, the victim was examined as PW-5 and from perusal of her statement, it appears that when the alleged incident was occurred, there was lockdown owing to Covid 19 Pandemic and her parents used to reside at home and, it appears further from her testimony that she has lodged the report against four more persons apart from the respondent for commission of intercourse with her. 4) Pertinently to be noted here further, as revealed from the written report (Ex.P-11) lodged by the victim’s mother, that she came to know about the occurrence of the alleged incident from her daughter/victim in the evening about 6 PM, when she enquired upon 3 it, but, from perusal of her aunt’s (PW-18) statement, it appears that she was informed about the occurrence of the alleged incident by the victim’s mother around 1 to 1.30 PM in the afternoon. There is, thus, not only gross disparity in their evidence regarding the information of the alleged incident, but, the period when the incident, alleged to have been happened, a lockdown was there owing to Covid-19 Pandemic, therefore, it is difficult to hold that she was sexually abused by the respondent, as alleged by her mother in her report (Ex.P-11), which was even not found to be supported by the medical report, as revealed from the testimony of Dr. Tripti Panjwani (PW-4), as she did not find any injuries on her body, upon the examination. 5) In view of the aforesaid background, the trial Court has, therefore, not committed any illegality in arriving at a conclusion that no incident as such was occurred upon the victim, as was alleged by her mother in her report, lodged on 27/05/2021. The appeal, being devoid of merit, is accordingly dismissed at the admission stage itself. SD/- (Sanjay S. Agrawal) Judge SD/- (Narendra Kumar Vyas) Judge Tumane