Digitally signed by AMIT PATEL

2026:CGHC:2635-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 192 of 2019 State of Chhattisgarh, Through The Station House Officer, Police Station Katghora District Korba Chhattisgarh., District : Korba, Chhattisgarh ...Appellant versus Rakesh Kumar Sarthi, S/o Chatarpal Sarthi, Aged About 21 Years, R/o Village Puchapara, P.S. Katghora, District : Korba, Chhattisgarh ... Respondent For State/Appellant : Ms. Nandkumari Kashyap, PL For Respondent : Mr. Vikash Pandey, Advocate.

Hon’ble Smt. Justice Rajani Dubey, J.

Hon’ble Shri Justice Radhakishan Agarwal, J.

Judgment on Board Per , Rajani Dubey, J.

16/01/2026

1. This acquittal appeal has been preferred by the State/appellant against the impugned judgment of acquittal dated 31.07.2018 passed by learned Additional Sessions Judge, Katghora, District- Korba (C.G.) in case of “State of Chhattisgarh Vs. Rakesh Kumar Sarthi”, whereby the accused/respondent has been acquitted of the charge under Section

376 of IPC. Hence, this appeal.

2. Brief facts of the case as adumbrated are that the prosecutrix (PW-1)

on 17.02.2017, when she was going to the house of her elder sister, situated in the same colony at village- Poochapara, at around 8:30 p.m., at that time, the accused met her near the Anganwadi and, saying that she would have to live with him, caught hold her hand and gagged her mouth and forcibly taken towards the Aanganwadi, where he committed forcible sexual intercourse with her and after committing the said act, he fled from the spot. Then, the Prosecutrix (PW-1) returned home weeping and told her parents and also told her elder sister about the incident. Thereafter, she went to the police station- Katghora along with her parents to lodge an F.I.R. and the same was registered against the accused by S.I.- K.K. Dubey (PW-12) for offence under Section 376 of IPC and for medical examination of the prosecutrix, he obtained consent from her and her mother. Medical examination of the prosecutrix was conducted by Dr. S. Bhagat and gave her report vide Ex.P/7. S.I. K.K. Dubey (PW-12) had seized two slides which was prepared by a female doctor and sealed them also a sealed Kurti from female Constable Anjana Toppo and prepared seizure memo. On the same day, spot map was prepared by PW-12 according to the prosecutrix. The accused was arrested and his medical examination was conducted by Dr. B. R. Ratre and gave his report, wherein he opined that the accused was capable to perform sexual intercourse and underwear of the accused was seized by PW- 12. Statement of the prosecutrix was recorded under Section 164 of Cr.P.C. and spot map was prepared by Patwari and on 18.12.2017, statements of the witnesses were recorded by PW-12. After completion of due and necessary investigation, charge-sheet was filed against the accused/respondent before the concerned Jurisdictional Magistrate, who, in turn, committed the case for trial. On the basis of the material contained in the charge-sheet, learned trial Court acquitted the accused/respondent of the offence under Section 376 of IPC against which the present appeal has been filed by the State/respondent.

3. Learned counsel for the State/respondent submits that the judgment of acquittal passed by the learned trial Court is illegal, improper and incorrect and is liable to be set aside. The learned trial Court has committed an error in deciding the facts in the case and law points. The learned trial Court passed the order of acquittal resulting in miscarriage of justice. The learned trial Court has disbelieved the version of the prosecutrix, whereby she has taken the name of the respondent and categorically stated that the accused had committed forcible sexual intercourse with her, even though no definite opinion could be given by Dr. Smt. Shakuntala Bhagat (PW-9) with regard to commission of forcible sexual intercourse with the prosecutrix. In the F.S.L. report human sperm was found in the slides, cloths of the victim as well a