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17.02.2026 07.04.2026 -- 07.04.2026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 159 of 2023 XYZ ... Appellant versus

1 - Prakash Kumar Yadav, S/o Krishnachand Yadav, Aged About 30 Years, R/o Goshala Para, Police Line Raigarh, Thana-City Kotwali, District Raigarh (C.G.)

2 - State of Chhattisgarh, Through Police Station Chandrapur, District- Janjgir Champa (C.G.)

... Respondents (Cause Title Taken From CIS System)

For Appellant : Mr. Arvind Shrivastava, Advocate For Respondent No. 1 : Ms. Shristi Singh along with Mr. Arpan Verma, Advocates.

For Respondent No. 2 : Mr. Himanshu Yadu, Panel Lawyer Hon’ble Smt. Justice Rajani Dubey, J.

Hon’ble Shri Justice Radhakishan Agrawal, J.

C A V Judgment

Per , Rajani Dubey, J.

1. The present appeal has been preferred by the appellant against the judgment dated 21.02.2023 passed by learned Additional Sessions Judge (F.T.C.), Sakti, District- Janjgir-Champa (C.G.) in Sessions Trial No. 54/2021 whereby the learned trial Court acquitted the accused/respondent No. 1 of offence under Sections 376 (2) (n) and

417 of IPC.

2. Brief facts of the case are that the prosecutrix aged about 30 years, met with the accused/respondent No.1 in the year 2013, when she was studying in Girls College, Raigarh, they got acquainted with each other. In the year 2014, the marriage of prosecutrix was fixed with resident of village Jatri. The accused proposed marriage to the prosecutrix over phone and on 12.03.2014 came to Chandrapur around 4:00 a.m. He took her to a hut near her residence and under the pretext of marriage, forced her into physical relationship, despite her refusal. On the same day, the accused, under the pretext of marriage, took her by bus to Raigarh, kept her in a hospice (dharmshala) for about seven days and continued to have sexual relationship with her. On 19.03.2014, the accused took the prosecutrix to House No. 25, Vasundhara Vihar, Govardhanpur, Ambikapur and on pretext of marriage kept the prosecutrix with him for seven years and in this duration he used to make sexual relationship with the prosecutrix on the pretext of marriage. Whenever the prosecutrix asked that when will the accused marry her, he used to sideline the same by giving different excuses. She also asked the accused to have a child, but he kept delaying the same by saying that they will have children only after their marriage. When the prosecutrix asked the accused to marry her, he used to blackmail her by giving various threats like death and defamation and also the accused used to harass her. Being frightened from him, she remained silent, hoping that he would marry her. She was also not allowed to meet or speak with her family by the accused. On 20.08.2021, two days before Rakshabandhan the accused took the prosecutrix to Chandrapur under the pretext of meeting her parents, abandoned her on the road and fled. Her family approached the accused’s parents, who supported him, causing the prosecutrix’s father to suffer paralysis from the mental stress. Then, the prosecutrix lodged a report at Police Station Chandrapur on 09.11.2021 registered as Crime No. 126/2021 under Sections 376 and 417 IPC, and the police initiated an investigation. During the investigation, the prosecutrix was medically examined and her statement was recorded. On finding evidence against the accused, he was arrested. A spot map was prepared and the following items were seized: vaginal slide, axillary and pubic hair and a panty of the prosecutrix vide Ex.P/21; a Vivo 15 Pro mobile phone with two SIM cards vide Ex.P/10; the accused’s underwear vide Ex.P/11; and semen slides of the accused vide Ex.P/14 and after completion of due and necessary investigation, charge-sheet was led before the concerned jurisdictional Magistrate who, in turn, committed the case for tria