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2025 Supreme(Online)(Chh) 9640

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay S. Agrawal, Radhakishan Agrawal, JJ
State Of Chhattisgarh Through The Incharge Police Station Kasdol, District Balodabazar-Bhatapara, Chhattisgarh – Appellant
Versus
Mukesh Kumar Kashyap – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Deepak Kumar Singh
For the Respondents: Mr. Deepak Jain

... Respondent For Appellant/State : Mr. Deepak Kumar Singh, Panel Lawyer For Respondent : Mr. Deepak Jain, Advocate D.B:-Hon’ble Shri Justice Sanjay S. Agrawal, Hon’ble Shri Justice Radhakishan Agrawal Judgment on Board Per Sanjay S. Agrawal, J.

01/08/2025

1. This appeal has been preferred by the appellant/State under Section 378 of Code of Criminal Procedure, 1973 , questioning the legality and propriety of the judgment dated 21/12/2017, passed by Special Judge (F.T.C.), Balodabazar (C.G.) in Sessions Case No.54/2016, whereby, the respondent has been acquitted with regard to the offence punishable under Sections 363 , 366-A and 368 of IPC read with Sections 4 and 7 of the Protection of Children from Sexual Offences, Act, 2012 (hereinafter referred to as “the POCSO Act”).

2. According to the prosecution, the missing report was lodged by the father of the prosecutrix on 01/02/2016, alleging therein that, his daughter, aged about 17 years, has gone somewhere else without intimating to anyone and, based upon the alleging report, an enquiry was conducted and, thereafter, an FIR (Ex.P/22) was registered against an unknown person with regard to the offence punishable under Section 363 of

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