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2026:CGHC:4578-DB

Digitally

signed by

AKHILESH NAFR

AKHILESH BEOHAR

BEOHAR Date:

2026.01.29 HIGH COURT OF CHHATTISGARH AT BILASPUR

16:47:25

+0530

ACQA No. 340 of 2023

• XYZ ...Appellant/Victim

versus

1. State of Chhattisgarh, Through the Station House Officer, Police

Station Chandanu, District Bemetara (C.G.).

2. Vinesh Kumar Sahu, S/o Ramavatar Sahu, aged about 21 Years, R/o

Village Ghatholi, P.S. Chandanu, District Bemetara (C.G.)

... Respondents

For Appellant : Mr. Bharat Rajput, Advocate.

For Respondent No.1 : Ms. Shubha Shrivastava, Panel Lawyer.

Hon'ble Smt. Justice Rajani Dubey &

Hon'ble Shri Justice Radhakishan Agrawal

Judgment on Board

28.01.2026

Per Radhakishan Agrawal, J.

Heard on admission.

1. This acquittal appeal filed by the appellant/victim arises out of the

judgment dated 09.08.2023 passed by the Additional Sessions Judge,

F.T.S.C (POCSO) Bemetara, District Bemetara, C.G. in Sessions Case

No.19/2023, whereby the learned trial Court acquitted the

accused/respondent No.2 of the charges under Section 376(2)(j)(n) & 506

Part II of Indian Penal Code (for short, ‘IPC’) and Section 5(l)/6 of the

Protection of Children from Sexual Offences Act, 2012 (in short, ‘the Act,

2012’).

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2. Case of the prosecution, in brief, is that on 27.05.2023, victim lodged a

written report (Ex.P-7) at Police Station Chandanu, alleging therein that

accused/respondent No.2 repeatedly contacted her and despite her

refusal, promised to marry her. On 19.03.2022, he called her to a

storeroom and forcible established physical relations with her and also

threatened her to life if she disclosed the incident to anyone. It is further

alleged that on 03.03.2023, accused/respondent No.2 took her from the

house and kept her at his residence for two months and during this period,

he allegedly assaulted her and forcibly established physical relations with

her on multiple occasions and also threatened her to life. Thereafter, on

23.05.2023, she somehow escaped from the house of

accused/respondent No.2, returned to her house and informed her family

members about the incident. On the basis of said written report (Ex.P-7),

FIR (Ex.P-8) was registered against accused/respondent No.2.

3. During the course of investigation, spot map was prepared vide Ex.P-5.

After obtaining the consent of the victim and her parents, victim was sent

for medical examination, whereupon PW-4 Dr. J.J. examined her and did

not notice any injury on the person of the victim either internally or

externally nor did she find any sign of forcible sexual intercourse and gave

MLC report vide Ex.P-18. Vide Ex.P-3, Dakhil-Kharij Register of victim was

seized. Vide Ex.P-26, vaginal swab and smear slides were seized. Seized

articles were sent to FSL for chemical examination and as per FSL report

(Ex.P-31), no human spermatozoa was found on the seized articles.

4. Statements of the witnesses were recorded and after completion of

investigation, a charge-sheet was filed against the accused/respondent

No.2 before the concerned trial Court. The accused/respondent No.2

abjured his guilt and prayed for trial.

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5. The trial Court, after hearing counsel for the parties and appreciating the

evidence on record, by the impugned judgment acquitted the

accused/respondent No.2 of charges leveled against him.

6. Learned counsel for the appellant/victim submits that the learned trial

Court has erred in acquitting the accused/respondent No.2 of the

aforesaid charges by recording perverse findings. He further submits that

there is ample evidence available on record, particularly the testimony of

PW-2 (victim), to establish that victim was minor and that

accused/respondent No.2, on the false pretext of marriage, established

physical relations with her on several occasions and also threatened her

to life. Despite the availability of sufficient and cogent evidence on record,

the learned trial Court committed a grave error in acquitting the

accused/respondent No.2. Thus, the impugned judgment of acquittal

suffers from perversity and illegality and is liable