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2025 Supreme(Online)(Chh) 9564

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Deepak Kumar Tiwari, J
State Of Chhattisgarh Through District- Magistrate, District- Surguja, Chhattisgarh. – Appellant
Versus
Devlal S/o Pancham Ram – Respondent


Advocates:
For the Appellants/Petitioners:Shri Vivek Sharma, Addl. Advocate General
For the Respondents:

Table of Content
1. argument on trial court's failure to appreciate evidence presented. (Para 7 , 8)
2. definition of essential elements for liability under section 368 ipc. (Para 9 , 10 , 11)
3. discusses reliability of evidence in proving age of the victim, with citations. (Para 12 , 13 , 14 , 15)
4. conclusion that the acquittal was justified due to lack of evidence. (Para 19 , 20)

(Hon’ble Shri Justice Deepak Kumar Tiwari )

Judgment on Board

31/07/2025

1. This Acquittal Appeal has been preferred under Section 378 (1) of the Code of Criminal Procedure , 1973 against the judgment of acquittal dated 09.12.2016 passed by the Additional Sessions Judge, FTC, Surguja (Ambikapur), Chhattisgarh in Sessions Case No.62/2014 whereby, respondent/accused has been acquitted of the charge under Section 368 of IPC.

2. Prosecution case, in brief, is that juvenile in conflict with law ‘BK’ allured the minor victim girl ‘S’, aged about 15 years, on the pretext of marriage and established physical relations with her. Further case of prosecution is that present respondent knowing fully well the fact that prosecutrix was kidnapped by the juvenile in conflict with law confined her in a house situated at vil

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