JUDGMENT :

Goutam Bhaduri, J

1. The present appeal is against the judgment and decree dated 07.10.2017 passed by the First Addl. Principal Judge, Family Court Durg whereby the suit for declaration that the plaintiff is not the biological father of the defendant was dismissed.

2. According to the plaint, on a report being made by mother of respondent, a sessions case was registered against the appellant u/s 376 of IPC wherein he was acquitted. At the time of birth of the child Dhanush Lal, the name of plaintiff Chummanlal Sahu (appellant herein) was got recorded as father. The appellant contended that he never had physical relations with the mother to whom child Dhanush Lal was born. As such, the plaintiff cannot be declared to be a biological father of Dhanush Lal Sahu and declaration was sought for to that effect.

3. The defendant(s) filed their written statement and stated that in Sessions case registered under Section 376 IPC, certain compromise was effected and the prosecutrix was examined before the Court wherein she made a statement in favour of the plaintiff, therefore, the plaintiff was acquitted. During the cross examination before the Court in the said criminal case, when a q