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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Deepak Kumar Tiwari, J
State of Chhattisgarh through the Station House Officer, Police Station Baloda, District-Janjgir- Champa, Chhattisgarh – Appellant
Versus
Ajay Kumar @ Raju Nirmalkar S/o Faguram – Respondent
| Table of Content |
|---|
| 1. appeal regarding acquittal of sexual assault charges. (Para 1 , 2) |
| 2. prosecution evidence assessed, witness claims of false implication. (Para 3 , 4) |
| 3. argument that trial court erred in judgment. (Para 5 , 6) |
| 4. witness turned hostile, lack of supporting evidence. (Para 8 , 9 , 10) |
| 5. legal principles regarding evidentiary value established. (Para 11 , 12) |
| 6. judgment affirmed, acquittal upheld. (Para 13) |
| 7. appeal dismissed. (Para 14) |
SB : Hon'ble Shri Justice Deepak Kumar Tiwari Judgment on Board
31.07.2025
1. This Acquittal Appeal under Section 378 (1) of the Code of Criminal Procedure, 1973 (CrPC) has been preferred by the State against the judgment of acquittal dated 07.09.2017 passed by the Special Judge (POCSO Act), Janjgir, District Janjgir-Champa (CG) in Special Criminal Case No.15/2015, whereby, the accused/appellant was acquitted of the charge under Sections 363 & 366 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short the "POCSO Act").
2. Prosecution case, in brief, is that the respondent/accused on 13.11.2013 at Village AB which comes under the jurisdiction of Police Station Balod, District Janjgir,
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