1 2026:CGHC:10966-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 217 of 2015 State Of Chhattisgarh Through District Magistrate, Korba, Chhattisgarh. ... Appellant versus Shatrughan Ratre S/o Khamhan Satnami Aged About 30 Years R/o Chimni Bhatta, Korba, Distt. Korba, Chhattisgarh. ... Respondent For State/Appellant : Mr. Dharmesh Shrivastava, Dy. A.G. For Respondent : Mr. Vikas A. Shrivastava, Advocate D.B:-Hon’ble Shri Justice Sanjay S. Agrawal & Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Sanjay S. Agrawal, J. 03/03/2026 1. This appeal has been preferred by the State/appellant under Section 378 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 05/09/2014, passed by learned Additional Sessions Judge Korba (F.T.C.), Korba (C.G.) in Special Criminal Case No.10/2014, whereby, the PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2026.03.03 17:34:05 +0530 2 respondent has been acquitted with regard to the offence punishable under Sections 323 and 377 of IPC read with Section 4 of Protection of Children from Sexual Offences Act, 2012. 2. According to the prosecution, an First Information Report (Ex.P/4) was lodged by the mother of the victim on 28/04/2013, alleging therein that the respondent has committed an unnatural sexual intercourse with her son/victim and, based upon which, he was charge-sheeted with regard to the offence mentioned hereinabove. 3. In order to establish the alleged allegations, the mother of the victim was examined as PW-4 and, according to her statement, it appears that, on the date of incident, her son/victim was dashed by someone else by driving a vehicle and fled away and, she could not see who was driving the alleged vehicle and, in the evening, when her husband came home, she narrated the story to him. The father of the victim, who was examined as PW-3, has stated that, when he returned home in the evening around 06:00 to 06:30 P.M., it was informed by his wife that his son was dashed by a vehicle, but not aware, who was driving the alleged vehicle. 4. In view of the testimonies of the parents of the victim and, in absence of any cogent and reliable evidence led by the prosecution, it is difficult to hold that the respondent has committed the alleged offence and, the trial Court has, therefore, 3 after taking note of those materials, has not erred in acquitting the respondent from the commission of the alleged crime. 5. The appeal being devoid of merit is, accordingly, dismissed. Sd/- Sd/- (Sanjay S. Agrawal) (Radhakishan Agrawal) JUDGE JUDGE Prashant