2026:CGHC:7271-DB Digitally signed by RAVVA UTTEJ KUMAR RAJU NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 56 of 2022 State of Chhattisgarh, through the Police Station Chandoura, District Surajpur (C.G.).

... Appellant Versus Lakhan Dewangan S/o Karam Sai Dewangan, aged about 26 years, R/o Village Ghumadand, Post Revti, P.S. Chandoura, District Surajpur (C.G.).

... Respondent For Appellant : Mr. Kanhaiya Ram Yadav, P.L.

For Respondent : None.

Hon’ble Smt. Justice Rajani Dubey, J.

Hon’ble Shri Justice Radhakishan Agrawal, J.

Judgment on Board Per , Rajani Dubey, J.

10/02/2026

1. This present appeal has been preferred by the State/appellant against the impugned judgment of acquittal dated 31.08.2021 passed by the learned Special Judge (POCSO Act, 2012) Pratappur, District- Surajpur (C.G.) in Special Criminal Case No. 09/2020, whereby the accused/respondent has been acquitted of the charge punishable under Sections 457, 376/511 of IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

2. Brief facts of the case as adumbrated are that the complainant/prosecutrix (PW-03) at Chandoura Police Station lodged written complaint alleging that on 02.09.2020 her mother went to the in- laws’ house of her elder daughter at village Dadkarwan and on the said date, the complainant and her brother were there in the house. On the date of the incident, after having their dinner, both brother and sister went towards their respective rooms to sleep and at that time around 12 am – 1 am, the accused Lakhan Dewangan of village Dhumadadh entered the house of the prosecutrix by jumping over the wall and upon reaching prosecutrix’s room, he found her in sleeping condition and started taking undue advantage by kissing her and touching her inappropriately, when the prosecutrix wanted to make noise, the accused/respondent shut her mouth with this hand and by pulling down her clothes he tried to commit forcible sexual intercourse with her. The prosecutrix in her rescue, kicked the accused/respondent to which the accused/respondent fell down from the cot, the prosecutrix ran towards the other room and latched the door from inside and starting raising alarm of help. Upon hearing her shouts, the accused/respondent fled away from her house. Thereafter, she disclosed about the entire incident to her brother, aunt and cousin sister and then she disclosed about the incident to her mother by phone. As such, on the basis of the written complaint, the crime was found to have occurred and hence the Chandoura Police Station registered a F.I.R. against the accused Lakhan under Crime No. 66/2020 for offence punishable under Sections 457, 376/511 of IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) and the matter was taken up for investigation. During the investigation, several seizures were made and the statement of the victim/prosecutrix was recorded before the concerned Jurisdictional Magistrate.

3. After completion of due and necessary investigation, charge-sheet was filed against the present 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 Sections 457, 376/511 of IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012 against which the present appeal has been filed by the State/appellant.

4. Learned counsel for the State/appellant submits that the impugned judgment passed by the learned trial Court is illegal, improper, incorrect and the same is liable to be set aside. The learned trial Court has failed to consider the statement of PW-01 who has stated that the victim had given information about the incident and stated that she was being subjected to sexual assault by the accused. He further submits that in the statement of victim before the Court, the statement of commission of alleged