2026:CGHC:8624-DB Digitally signed by AKHILESH NAFR AKHILESH BEOHAR BEOHAR Date:

2026.02.19 HIGH COURT OF CHHATTISGARH AT BILASPUR

16:57:48 +0530 ACQA No. 47 of 2021 • Karnlal Sahu, S/o Late Meghram Sahu, aged about 59 Years, R/o-

Village- Bavanbudi, Post- Kashigarh, Police Station- Jaijaipur, Distt.-

Janjgir Champa, (Chhattisgarh).

...Appellant versus

1. State of Chhattisgarh, Through Police Outpost- Jaijaipur, Distt.- Janjgir Champa (Chhattisgarh).

2. Harishankar Sahu, S/o Yadram Sahu, aged about 27 Years, R/o Bade Sipat, P.S.- Malkharauda, Distt.- Janjgir Champa (Chhattisgarh)

... Respondents For Appellant : Mr. Palash Rajani, Advocate on behalf of Mr. Shailesh Ahuja, Advocate.

For Respondent No.1/State : Mr. Himanshu Yadu, Panel Lawyer.

Hon'ble Smt. Justice Rajani Dubey &

Hon'ble Shri Justice Radhakishan Agrawal Judgment on Board

18.02.2026 Per Radhakishan Agrawal, J.

Heard on admission.

1. This acquittal appeal filed by the appellant/father of the victim arises out of the judgment dated 04.01.2021 passed by the Special Judge (POCSO Act) Sakti, District Janjgir-Champa, C.G., in Criminal Case No.33/2019, whereby the learned trial Court acquitted the accused/respondent No.2 of the charges under Sections 376 & 506 Part-II of Indian Penal Code (for short, 'IPC') on the basis of benefit of doubt.

2. Case of the prosecution, in brief, is that on 20.04.2019, victim, aged about

19 years, lodged a written report (Ex.P-5) at Police Station Jaijaipur, District Janjgir-Champa, alleging that on 03.05.2018, at about 3:00 pm, accused/respondent No.2, who was known to her, called her to village Bavanmudi and on the false pretext of marriage, established physical relations with her without her consent and thereafter threatened to kill her parents if she disclosed the incident to anyone. Subsequently, when her engagement was solemnized with another person on 17.04.2019, accused/respondent No.2 demanded Rs.5 lakh and sent an obscene video of their physical relations to her fiancé through a mobile phone, as a result of which, her engagement was cancelled. On the basis of the said written report (Ex.P-5), FIR (Ex.P-6) was registered against the accused/respondent No.2.

3. During the course of investigation, after obtaining the consent of the victim and her father (Ex.P-4), victim was sent for medical examination, whereupon PW-7 Dr. N.S.C., examined her and did not notice any injury on her person either internally or externally, nor did she notice any sign of sexual intercourse, and accordingly gave the MLC report vide Ex.P-7. Accused/respondent No.2 was taken into custody vide Ex.P-13. Vide Ex.P-5, one video CD was seized. Vide Exs.P-10 & 19, the mobile phones of the fiancé of victim and accused were seized. Vide Ex.P-18, clothes of the victim were seized. However, the seized articles were not sent to FSL for chemical examination.

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 the guilt and prayed for trial.

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 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 the accused/respondent No.2, on the false pretext of marriage, established physical relations with her and also threatened to kill her parents. Despite the availability of sufficient and cogent evidence on record, the learned trial Court has committed a grave error in acquitting the accused/respondent No.2. Thus, the impugned judgment of acquittal suffers from perversity and illegality and is li