2024:CGHC:29834 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 535 of 2024

1. The State Of Chhattisgarh Through District Magistrate, Janjgir-Champa (C.G.)

... Appellant versus

1. Rajesh Kuldeep S/o Kamaldas Aged About 19 Years R/o Village Kurda, P.S. Malkharouda District Janjgir-Champa (C.G.)

... Respondent For Appellant : Mr. Ajit Singh, Government Advocate For Respondent : None (Hon’ble Justice Shri Arvind Kumar Verma)

Order On Board

08/08/2024

1. Default raised by the Registry is hereby dropped.

2. Heard finally.

3. This appeal has been preferred by the appellant being aggrieved by the judgment of acquittal dated 25.11.2019 passed in Special Case no. 12/2019 by the Court of Special Judge (Atrocities), District – Janjgir- Champa (C.G.), whereby the respondent has been acquitted from the offences punishable under Section 354,354A(1)(1), 354(A) (1)(2) and 354 (D) of the Indian Penal Code and Section 67(A) of the Information Technology Act 2000 and Section 3(1) (W) (1)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act).

4. Brief facts of the case are:-

That victim is a resident of village Deori Math, the victim in January 2018 along with her mother had gone to her aunt’s village to see the bhajan fair. Aman, son of Bokribai PW-7 introduced her with his friend(accused). After coming back she started talking to the accused on a mobile phone. They gradually started talking and chatting in the mobile phones . The accused used to lure and trick the victim by talking about love affair and luring her into marriage. Meanwhile, after Diwali festival the victim along with her mother, father and grandmother had gone to Navadha, the house of younger aunt in the month of November. The accused had also come there. At night the accused called her and kissed her, thereafter accused used to continuously talk, chat and video call on the mobile phone. The accused assured and pressurized her to get married, the victim gave her some nude photographs during the video call. After this, the accused continuously insisted on having physical relations. Since February, 2019 the victim stopped talking to him on the mobile phone. She even broke the sim of the mobile phone from which she used to talk to him. But he kept on blackmailing her and pressurizing her for having a physical relationship. On her refusal, the accused sent her nude photographs to her brother Jaikisan and sister in law Manika . Thereby, tried to defame them. Upon which the victim lodged an FIR against the accused.

5. On the above said incident the prosecutrix PW-1 made a written complaint before the Police Station Hasuod and on the basis of the same an FIR Ex. P-2 was lodged. During the course of investigation spot map Ex. P-3 has been prepared, statements of the witnesses have been recorded, mobile phones were seized from PW-2. After completing the investigation the final charge-sheet was prepared.

6. In order to prove its case prosecution examined as many as 12 witnesses. 7. After appreciating the evidence on record, the learned trial court did not believe the evidence proving guilt of the respondent for the offence punishable under Sections 354, 354(A)(1)(1), 354(A)(1)(2) and 354(D) of the Indian Penal Code and Section 67(A) of the Information Technology Act 2000 and Section 3(1)(W) (1)(2) of the SC and ST (Prevention of Atrocities) Act, therefore, acquitted him from the offence.

Hence, this appeal.

8. Learned State counsel submitted that learned trial court has erred by acquitting the respondent from the offence charged. That the learned trial court has failed to appreciate the prosecution witnesses no. 2 and 3 who are sister-in-law and brother of the prosecutrix, further they have supported the version of the prosecutrix as well as prosecution case.

9. I have heard learned counsel for the State and perused the record with utmost circumspection.

10.Learned Special Judge (Atrocities), District Janjgir Champa (CG) while acquitting the respondent observed that the alleg