2026:CGHC:9424-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment reserved on: 10.02.2026 Digitally signed by BABLU B R A A B JE L N U DRA R BH AJ A E N N A D R R K A AR Judgment delivered on: 24.02.2026 BHANARKAR Date:

2026.02.24 14:33:30 +0530 ACQA No. 227 of 2018 State Of Chhattisgarh Through The Station House Officer, Police Station Podi, District Korea Chhattisgarh ... Appellant versus

1 - Philomina Kerketta D/o Guruwaro Kerketta Aged About 23 Years R/o Chuipani, Narayanpur, Police Station Jhagrakhand, Present Address Jyoti Mission School, Sarbhoka, Police Station Podi, District Korea Chhattisgarh

2 - Joseph Dhanna Swami S/o Tambu Swami Aged About 50 Years Vest Tejour Tamilnadu, Present Address Jyoti Mission School, Sarbhoka, Police Station Podi, District Korea Chhattisgarh

3 - Kishariya D/o T.J. Chako Aged About 36 Years Pittarika, District Kasalgod, Keral, Present Address Jyoti Mission School, Sarbhoka, Police Station Podi, District Korea Chhattisgarh ... Respondent(s)

For Appellant : Mr.Priyank Rathi, Government Advocate For Respondent(s) : Mr.Aishwarya Kumar Dubey, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Ravindra Kumar Agrawal, Judge C.A.V. Judgment Per Ramesh Sinha, C.J .

1. The appellant-State has filed this acquittal appeal under Section

378(1) of the CrPC against the impugned judgment of acquittal dated 9.1.2017 passed by the Additional Sessions Judge (Fast Track Court), Baikunthpur, District Korea in Special S.T. No.03/16, whereby the trial Court has acquitted respondent No.1 from charges punishable under Sections 202, 119, 376(2)(d)(f)(i)(k) of the Indian Penal Code (hereinafter called as “IPC”) and under Section 21 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as “POCSO Act”), respondent No.2 from charges under sections 376(2) (d)(f)(i)(k) and 377 of the IPC and Section 6 of the POCSO Act and respondent No.3 from charges under Sections 202, 119 and 323 of the IPC and Section 21 of the POCSO Act.

2. The case of the prosecution in brief is that complainant Laxmaniya (mother of the victim) (PW-1) made a written report (Ex.P-1) at Podi Police Station on 9.9.2015 stating that she lives in Tina Dafaai, Ward No.19, Haldibadi, Chirmiri and works as a maid. Her daughter, the victim, aged 9, studies in Class 4 at Jyoti Mission School, Sarbhoka and lives in the hostel. On 9.9.2015 at 9 A.M. security guard Abdul Wasim informed her via mobile phone that her daughter, the victim, was unwell. She then went to Mission School, Sarbhoka, with her neighbour, Sanjay and reported that she was bleeding when she went to the bathroom and experiencing stomach pain. On Monday night, an unknown person had allegedly assaulted her urinary tract. She reported this to Madam Kismariya, who beat her with a stick and threatened her not to tell anyone.

3. On the basis of complaint made by complainant Laxmaniya (mother of the victim), the Police of Police Station Chirmiri, District-Korea (CG) has lodged an F.I.R. in Crime No. 105/2015 for offence punishable under Section 376(2)(f) of the IPC and under Section 4 of the POCSO Act against unknown persons on 10.09.2015 vide Ex.P-2. Consent for medical examination was obtained from the victim and her mother vide Ex.P-3. One prescription was seized vide Ex.P-4. Certified copy of birth certificate of the victim in which her date of birth has been mentioned as 29.05.2007 was seized vide Ex.P-5. Birth certificate of the victim was seized vide Ex.P-6 ‘C’. Photocopy of Aadhar Card of the victim was seized vide Ex.P-7’C’. Spot map was prepared by the patwari vide Ex.P-8. Spot panchnama was prepared vide Ex.P-9. Statements of the victim and her mother under Section 164 CrPC were recorded vide Ex.P-10. Test identification parade was conducted by the Tahsildar and Executive Magistrate, Manendragarh vide Ex.P-11 in which she identified accused / respondent No.2-Joseph Dhanna Swami by touching. MLC of the victim was conducted by Dr.Smt.Kalawati Patel (PW-7