2026:CGHC:1328-DB The date when The date when The date when the the judgment is the judgment is judgment is uploaded on reserved pronounced the website Operative Full --- ---- -- 14.01.2026 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ACQA No. 28 of 2018  State of Chhattisgarh, Through – The Incharge, Police Station – Ambagarh Chouki, District Rajnandgaon (C.G.).

... Appellant versus  Yuvraj Nayak, S/o Devsingh Nayak, aged 22 years, R/o village Nichekohda, Police Station Ambagarh Chowki, District Rajnandgaon.

... Respondents For Appellant/State : Mr. Rishi Raj Pithwa, Dy. G.A.

For Respondent : Mr. Dinesh Yadav, Advocate on behalf of Mr. Aditya Bhardwaj, 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 (09.01.2026)

Rajani Dubey, J

1. The present acquittal appeal has been filed by the State/appellant herein against the judgment dated 01.08.2017 passed in Special Sessions Case No.02/2017 by the learned Additional Session Judge (FTC), Rajnandgaon (C.G.), whereby the learned trial Court acquitted the accused/respondent herein from the charge punishable under Sections 450, 363, 366, 376(2) and

506(2) of IPC and Section 4 of POCSO Act.

2. The prosecution case, in brief, is that on 20.11.2016, the father of the victim (PW-6) lodged a report at Police Station Ambagarh Chowki stating that his daughter/victim had gone to school at about 8:00 a.m. on 19.11.2016, but did not return home till 5:00 p.m. Thereafter, the informant along with his father-in-law went in search of the victim to village Pandritarai, where the victim’s friend Duleshwari (PW-4) informed them that a pan-stall vendor had told her that the victim and the accused/respondent had come to the pan- stall at around 12:00 noon. The accused/respondent had taken the victim on a bicycle towards village Dangadh. The father of the victim also made enquiry at the pan-stall, where he came to know that the accused/respondent had brought the victim there and was enquiring about the bus going towards Dangadh. Upon being informed that the bus would arrive at around 1:00 p.m., the accused/respondent took the victim along with the bicycle on foot towards Dangadh. As the whereabouts of the victim could not be ascertained, her father (PW-6) lodged a report at the police station, on the basis of which an FIR being crime No. 219/16 was registered against the accused/respondent under Sections 363 and 366 of the IPC

3. During the course of investigation, the Investigating Officer Bhaiyya Lal Patel, Assistant Sub-Inspector (PW-14), recovered the victim along with the accused/respondent on 21.11.2016 from the Bus Stand, Bhanupratappur, District Kanker, in the presence of witnesses. During investigation, medical examinations of both the victim and the accused/respondent were conducted. The Investigating Officer K.V. Nage (PW-15) prepared spot map (Ex. P-8), and the Patwari also prepared the spot map (Ex. P-1). On being produced by the victim’s father, the mark-sheet of the victim pertaining to Class VIII, wherein her date of birth was recorded as 18.10.2002, was seized. On production by the victim, her undergarment was seized, and the seized articles were sent to FSL, Raipur for forensic examination. With regard to the age of the victim, the school admission register was seized and its certified copy was annexed with the case record. After arresting the accused/respondent and upon completion of usual investigation, a charge-sheet was filed against accused/respondent under Sections 363, 366, 376(2), 450 and 506 of the Indian Penal Code, and Section 4 of the POCSO Act before the jurisdictional Court followed by charge under Sections 450, 363, 366, 376(2) and 506(2) of IPC & Section 6 of POCSO Act. The accused/respondent however denied the charge and pleaded for trial.

4. In order to prove its case, the prosecution examined as many as 15 witnesses. Statement of the accused/respondent was also recorded under Secti