2025:CGHC:44499-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2572 of 2025 State of Chhattisgarh Through- Police Station Kondagaon, District Kondagaon (C.G.)

--- Petitioner versus Kailash Netam S/o Sukuldhar Netam, aged about 23 years R/o Village Michipara Lanjoda, Police Station Kondagaon, District Kondagaon (C.G.)

--- Respondent For State/Applicant : Mr. S.S. Baghel, Dy. Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

Per Ramesh Sinha , Chief Justice

02.0 9 .202 5

1. I.A. No. 01 of 2025, is an application for condonation of delay of 69 days in filing the appeal. The cause shown is found to be sufficient. The application stands allowed. Delay in filing the appeal is hereby condoned.

ROHIT KUMAR CHANDRA 2. The State has sought leave to appeal against the impugned Digitally signed by ROHIT KUMAR CHANDRA judgment of acquittal dated 07.03.2025 passed in POCSO Case No.

23/2024 (State of Chhattisgarh vs. Kailash Netam) by the Court of Additional Sessions Judge, Fast Track Special Court (POCSO), Kondagaon, District - Kondagaon (C.G.) whereby the accused/ respondent has been acquitted from the charge punishable under Sections 376(3), 376(2)(n), 506 of IPC and Section 6 of the Protection of Children from Sexual Offences Act on the ground that the prosecution has failed to prove its case beyond reasonable doubt.

3. The prosecution story in brief is that the complainant/victim's mother PW-02 appeared at the Kondagaon Police Station on 06.06.2024 and filed a written report Ex.P-03 that the accused Kailash Netam, who lives in her neighbourhood, came to her house when there was no one except her daughter, the victim, and lured the victim with the promise of marriage and raped her by forcefully having physical relations with her several times, due to which her daughter became pregnant. On the basis of the written complaint of the victim's mother PW-02, First Information Report (Ex.P-04) was registered against the accused Kailash Netam at the Kondagaon Police Station, Crime No. 154/2024, under Sections 366, 376(2)(n) of the Indian Penal Code and Section 6 of the POCSO Act and investigation was taken up. On 06.06.2024, when the victim's mother (PW-2) presented the victim's Class V marksheet, the seizure was made in the presence of witnesses Anita Netam (PW-5) and Sushila Nag and seizure sheet (Ex.P-06) was prepared.

4. During the investigation, on 06.06.2024, the victim (PW-01) gave her consent for getting her private parts examined as per the consent form Ex.P-01 and on the same date, consent was taken from the victim's mother PW-02 for getting the victim's private parts examined as per the consent form Ex.P-01. On the same date 06.06.2024, a letter Ex.P-20 was written to the District Hospital Kondagaon for getting the victim's private parts examined. On the same date 06.06.2024, Dr. Sonali Mitra PW-06 conducted the private parts examination of the victim and submitted the report Ex.P-12. On 07.06.2024, the spot map of the incident Ex.P-05 was prepared as per the information given by the victim's mother PW-02. On 07.06.2024, accused Kailash Netam was arrested in the presence of witness victim's brother PW-04 and victim's mother PW-02 and arrest memo Ex.P-08 was prepared and information regarding the arrest was given to Sukuldhar Netam as per Ex.P-22. On the same date 07.06.2024, letter Ex.P-23 was written to District Hospital Kondagaon regarding getting the accused's ability to have sexual intercourse tested. On 07.06.2024, after examination of the accused by constable Budhewar Netam, the three sealed packets given by the doctor were brought to the police station and presented, and the same were seized in the presence of witness victim's mother PW-02 and victim's brother PW-04, and seizure memo Ex.P-09 was prepared.

5. During the investigation, on 07.06.2024, a letter Ex.P-24 was written to the Tehsildar Farasgaon for providing the site map from the Patwari. On 07.06.2024, a