2024:CGHC:32188 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 542 of 2024 The State Of Chhattisgarh Through Police Station Basantpur, District Balrampur Ramanujganj (C.G.)

... Appellant versus Tileshwar Thakur S/o Late Bramha Thakur Aged About 26 Years R/o Village Parasdeeh, Police Chowki Wadrafnagar, P.S. Basantpur, District Balrampur Ramanujganj (C.G.)

... Respondent For State/Appellant : Mr. Ajit Singh, Government Advocate For Respondent : Ms. Nand Kumari Kashyap, Advocate Hon’ble Shri Arvind Kumar Verma, Judge

Order on Board

23/08/2024

1. The present appeal has been heard finally with the consent of the parties.

2. The present Acquittal Appeal has been filed by the State under Section 378(1) of Cr.P.C., 1973 against the findings and judgment of acquittal dated 29.03.2019 passed by the Court of Special Judge (Atrocities), Balrampur place at Ramanujganj (C.G.) in Special Sessions (Atrocity) Case No. 09/2018 whereby acquitted the respondent from the charges punishable under Section 323 of IPC together with Sections 3(1)(v) and 3(2)(v)(a) of the SC and ST (Prevention of Atrocities) Act, 3. The prosecution's case in brief is that the applicant/victim P.W.-1 had submitted a written report before the police chowki Wadrafnagar to the effect that she is a resident of village Jamai. On 07.03.2018 at around 9 pm, she went to the bathroom outside her house. When she was returning from the bathroom, the accused Tileshwar came from behind and caught her. The accused Tileshwar threw her on the ground with the intention of insulting her. She tried to make a noise but the accused Tileshwar strangled her due to which she could not raise her voice in her defense. The victim has mentioned in the written report that she had bitten the finger of the hand of accused with which he had closed her mouth, as a result of which the accused left her. She raised her voice in her defense. At the same time, her mother Neelam P.W.-2 and father Girja Shankar P.W.-3 came running. The accused ran away after seeing his mother Neelam and father Girjashankar. On the written report submitted by the applicant/victim PW-1, a First Information Report was registered at Police Station Wadfnagar under Sections 354, 323 of the IPC. Thereafter, First Information Report (FIR) No. 25/18 was registered at Police Station Basantpur under Sections 354 and 323 of IPC. During investigation, a site map of the incident (Ex.P. 3) was prepared. Medical examination of the victim was conducted. Caste certificate of the victim was seized from her. During investigation, statement of the victim and independent witnesses were recorded. During investigation, it was revealed that the accused had committed the crime under Sections 354, 323 of IPC and Sections 3 (2) (v-a) and 3 (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4. Learned Counsel for the State contended that the Trial Court has erred by acquitting the respondent from the offences charged. Learned Trial Court has failed to appreciate the prosecution evidence of Himendra Kushwaha, ASI (P.W.-09) in its correct perspective, who has very categorically deposed and stated about the outrage of the modesty of the prosecutrix by the accused.

5. Learned Counsel for the Respondent contended that the judgment passed by the Trial Court does not suffer from any legal infirmity.

6. I have heard learned Counsel for the parties and perused the record with utmost circumspection.

7. On perusal of the record it transpires that The statement of the applicant/victim P.W.-1 and the applicant's mother Neelam Devi P.W.- 2, applicant's father Girja Shankar P.W.-4 is of similar nature. The applicant/victim P.W.-1 has stated that she is working as a nursing tutor in Wadrafnagar. On the date of incident, she came to her house at 5 p.m., on the date of incident she went out of her house at 9 p.m. When she was returning, at that time accused Tileshwar Thakur came from behind and accused Tileshwar pressed her nose and mouth. The accu