2026:CGHC:835-DB

2026:CGHC:835-DB

2026:CGHC:835-DB

2026:CGHC:835-DB

2026:CGHC:835-DB

2026:CGHC:835-DB NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ACQA No. 260 of 2021  XYZ.

... Appellant versus

1. State of Chhattisgarh, through The Station House Officer, Police Station – Kabirdham (Kawardha), District Kabirdham (C.G.).

2. Amit Kumar Goutam, son of Salikram Goutam, aged about

35 years, resident of Ward No.8, Shikshak Nagar, Kawardha, Krishna Vihar Colony, District Kabirdham (C.G.)

... Respondents For Appellant : Mr. Amit Singh Chouhan, Advocate For Res. No.1/State : Mr. Avinash Singh, Govt. Advocate For Res. No.2 : Mr. T.K. Jha, Advocate DB : Hon'ble Smt. Justice Rajani Dubey &

Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board (07.01.2026)

Per Rajani Dubey, J

1. Heard on admission.

2. The present acquittal appeal has been filed by the victim/appellant against the judgment dated 05.08.2021 passed in Special Sessions Case No.62/2019 by the learned Special Judge (POCSO) Act, 2012, F.T.C., Kabirdham (C.G.), whereby the learned trial Court acquitted the accused/respondent No.2 herein from the charge punishable under Sections 376, 506 of IPC and Section 06 of POCSO Act.

3. The prosecution case, in brief, is that on 10.05.2019, the victim/appellant herein submitted a written complaint at Police Station Kabirdham to the effect that for the past one year, accused/respondent No.1 Amit Gautam had been following her while victim/appellant was going to and returning from coaching classes. Accused/respondent No.1 had obtained victim/appellant’s mobile number and used to harass her by calling repeatedly and asking her to meet him. The accused/respondent No.2 used to threaten her over the phone that if she did not come to meet him, he would inform her parents. In the month of May, 2018, accused/respondent No.2 called the victim/appellant to his house in the evening at about 7–8 p.m., forcibly took her into his room, threw her onto the bed, and by threatening to kill her, established physical relations with her against her will. Accused/respondent No.2 used to tell her that he would marry her once she attained the age of 18 years. In the first week of April 2019 also, accused/respondent No.2 forcibly established physical relations with victim/appellant at his house. The accused/respondent No.2 despite knowing that the victim/appellant was a minor, used to intimidate and threaten her, call her to his house, and, by giving false assurance of marriage, forcibly established physical relations with her from May 2018 to April 2019. On the basis of the said report of the victim/appellant, an FIR being Crime No. 225/2019 was registered under Sections 376 and 506-B of the Indian Penal Code and Sections 5 and 6 of the POCSO Act, against the accused/respondent No.2 and the case was taken up for investigation. The prosecution story further states that during the course of investigation, spot map was prepared; statements of the victim/appellant and witnesses were recorded; documents relating to proof of the age of the victim were collected; the victim and her undergarments were sent for examination; Patwari prepared spot map and seizure proceedings were carried out. The accused/respondent No.2 was arrested and information regarding his arrest was given to his family members.

4. After completing due investigation, charge sheet under Sections 376, 506 (B) of IPC and Sections 5 & 6 of POCSO Act was filed against the accused/respondents before the jurisdictional Court followed by charge under Sections 376, 506 IPC and Section 6 of POCSO Act. The accused/respondent No.2 however denied the charge and pleaded for trial.

5. In order to prove its case, the prosecution examined as many as 10 witnesses. Statement of the accused/respondent No.2 was also recorded under Section 313 of the Cr.P.C. wherein the accused/respondent pleaded innocence and false implication in the crime. One defence witness was also examined in the case.

6. The learned Trial Court after hearing counsel f