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2025 Supreme(Online)(Chh) 9608
2025 CGHC 37984
HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, SACHIN SINGH RAJPUT, JJ.
Jitendra Dewangan, S/o. Bisan Dewangan – Appellant
Versus
The State of Chhattisgarh, Through The Station House Officer, Police Station – Kanker, (C.G.) – Respondent
CRA No. 631 of 2019
Decided On : 01-08-2025
Advocates Appeared :
For the Appellant : Mr. R.K. Pali, Adv.
For the Respondent : Mrs. M. Asha, P.L.
For the Appellants/Petitioners: Mr. R.K. Pali
For the Respondents: Mrs. M. Asha
The prosecution must prove charges beyond a reasonable doubt; contradictions in testimonies undermine conviction.
Headnote:The appeal concerns the conviction and sentencing of the appellant under Sections 498-A IPC and various sections of the POCSO Act. The court examined the facts including harassment allegations by the prosecutrix, legal standards for witness reliability, and contradictions in testimonies. The court found multiple discrepancies, thus concluding the prosecution failed to prove the case beyond reasonable doubt. The end result is the acquittal of the appellant.
| Table of Content |
|---|
| 1. assessment of facts and charges under ipc and pocso act. (Para 1 , 2 , 3 , 5) |
| 2. presentation of arguments and defence strategies. (Para 4 , 6 , 10 , 14) |
| 3. evaluation of evidence and statements by the court. (Para 8 , 9 , 15) |
| 4. legal standards regarding evidence and witness credibility. (Para 25 , 26) |
| 5. final ruling and decision on the case. (Para 31) |
JUDGMENT :
Rajani Dubey, J.
1. This appeal is directed against the impugned judgment of conviction and order of sentence dated 29.03.2019 passed by learned Additional Sessions Judge (F.T.C.) and Special Judge (under POCSO Act , 2012), North Bastar Kanker (C.G.), in Special Criminal Case (POCSO Act) No. 23/2018, whereby and whereunder appellant Jitendra Dewangan has been held guilty for commission of offence and keeping in view the relevant provision of the POCSO Act , sentenced as described below :-
| CONVICTION | SENTENCE |
| Under Section 498-A IPC | R.I. for 03 years with fine of Rs.500/-, in default of payment of fine amount to further undergo additional R.I. for 03 months. |
| Under Section 6 of POCSO Act . | Imprisonment for life with fine of Rs.1,500/-, in default of payment of fine amount, to further undergo additional R.I. for 01 year. |
| Under Section 10 of POCSO Act . | R.I. for 07 years with fine of Rs.1,000/-, in default of payment of fine amount to further undergo additional R.I. for 04 months. All the sentences were directed to run concurrently. |
2. The prosecution story, leading to conviction of the appellant is that, Prosecutrix (PW-1) filed a written report (Ex.P-1) in Police Station - Kanker to the effect that her marriage was solemnized with appellant on 18.04.2008 according to social customs and rituals & after some time of marriage, the appellant had been harassing the Prosecutrix. Despite many efforts by the family members there was no change in the behaviour of the appellant and every day he used to abuse and assault the Prosecutrix. The Prosecutrix used to sit in the grocery shop of appellant in Hatkongera and also did sewing work. It was also averred in the complaint that the appellant used to snatch whatever money she earned from sewing for consuming liquor and after drinking liquor, he used to beat and abuse her, due to which she was completely fed up. The appellant tried to forcefully make her drink liquor and in the month of January, 2017, the appellant twisted her hand, for which she went under treatment which was gone done by the appellant. Similarly, the appellant had put chilli powder in her private part, thereafter, she came to her maternal home but after spending 15-20 days in her maternal home, she came back to her in-laws’ house, even then there was no change in his behaviour. The appellant used to extend threat that last time he had twisted her hand but now he would break her neck and kill her. It has also been alleged in the complaint (Ex.P-1) that they have one son and one daughter out of their wedlock with whom also the appellant behaved indecently and pressurized complainant/Prosecutrix (PW-1) to have physical relation with him in front of their children and used to beat her on refusal, and while doing obscene acts, he holds his private part and showed it to the daughter. On the basis of above said complaint (Ex.P-1), an FIR No.114/2018 (Ex.P-2) for the offence punishable under Section 498-A of IPC was registered against the appellant. After obtaining consent of the Prosecutrix vide Ex.P-5, she was medically examined by the doctor (PW-6) who gave her report under Ex.P-10. Patwari prepared nazri naksha vide Ex.P-16. The statements of the Prosecutrix (PW-1) and victim were recorded under Section 164 of Cr.P.C. vide Ex.P-4 and P-8 respectively. The appellant was medically examined vide Ex.P-22. After completing usual investigation, charge sheet was filed against the appellant under Sections 498-A , 376, 323 of IPC and Sections 4, 6 and 12 of POCSO Act.
3. After filing of the charge sheet, the trial Judge has framed the charge against the appellant under Sec
