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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
STATE OF CHHATTISGARH – Appellant
Versus
DEVIDAS MANIKPURI – Respondent
ACQA/336/2024
Key Points: - The State’s appeal under Section 14A(1) of the Atrocities Act challenges acquittal and seeks conviction for offences including 376(1) IPC and 3(2)(v) Atrocities Act; and affirmation of conviction under 454 IPC. (!) (!) (!) - The appellate court reconsiders whether the trial Court’s acquittal was perverse or based on misappreciation of evidence, and whether the victim’s testimony and medical evidence suffice to convict beyond reasonable doubt. (!) (!) (!) (!) - The Court held that the prosecution established its case beyond reasonable doubt, set aside acquittal, and convicted the respondent for 376(1) IPC, 323 IPC, and 3(2)(v) Atrocities Act, with sentences to run concurrently; 454 IPC conviction and sentence affirmed. (!) (!) - The victim’s testimony is given substantial weight; corroboration necessity is not mandatory where the victim’s testimony is trustworthy and consistent. (!) (!) (!) (!) - The Court emphasized the standard for interference in an acquittal appeal: two plausible views may exist, but interference is warranted if the trial court’s view is perverse or misappreciates evidence; otherwise, maintenance of acquittal is proper. (!) (!) (!) (!) - Immediate seizure and linking evidence (PW-1, PW-2, PW-5, PW-7 etc.) and medical findings at Ex.P-12/Ex.P-14 support involvement of the accused; the sequence of events strengthens the prosecution case. (!) (!) (!) - The appellate Court remits conviction and sentences; directs surrender for serving sentenced terms; transmission of records for compliance. (!) (!) (!)
2026:CGHC:18062-DB NAFR BABLU RAJENDRA BHANARKAR D BA ig B it L a U ll y R s A ig JE n N ed D b R y A HIGH COURT OF CHHATTISGARH AT BILASPUR BHANARKAR Date: 2026.04.24 10:09:51 +0530 ACQA No. 336 of 2024 State Of Chhattisgarh Through Police Station Kasdol, District Balodabazar-Bhatapara (C.G.)
...Appellant versus Devidas Manikpuri S/o Shambhudas Manikpuri Aged About 20 Years R/o Village Dharashiv, Police Chowki Lawan, Police Station Kasdol, District Balodabazar-Bhatapara (C.G.)
... Respondent For Appellant : Mr.Nitansh Jaiswal, Deputy Government Advocate For Respondent : Mr.Aishwarya Kumar Dubey, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice and Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, C.J .
21/04/2026
1. Learned counsel appearing for the accused/respondent submits that, in pursuance of the order passed by this Court on 16.03.2026, the accused/respondent has furnished a bail bond, which has been approved by the concerned CJM and endorsed by the Principal and Sessions Judge, Balodabazar, and that an affidavit has also been filed by the respondent, which is taken on record.
2. In view of the above, this Court proceeds to hear the appeal finally.
3. The appellant-State has filed this acquittal appeal under Section
14(A)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘Atrocities Act’) against the impugned judgment dated 30.09.2023 passed by the Special Judge (Atrocities), Balodabazar, District Balodabazar- Bhatapara in Special Sessions Case No.15/2021, whereby the Special Judge while convicting the accused / respondent for offence under Section 454 of the IPC has acquitted him of the charges under Sections 376(1) & 323 of the IPC and Section
3(2)v) of the Atrocities Act.
4. The case of the prosecution, in brief, is that the victim (PW-1)
resides in village Dharashiv and does domestic work. The victim was sleeping home at night on 22.02.2021 and her husband had gone to the wedding ceremony in an Auto. At about 11.00 P.M., a man with intention to rape breaking the door of her house and forcefully entered her house and enter the hand inside her vagina. When she raised her voice, the accused/respondent attacked her fatally by putting a cloth in her mouth and biting her lips with his teeth. The victim raised a voice, at that time her husband came and tried to catch him after hearing the sound, the accused/respondent also made a fatal attack on her husband, then hearing the sound, her father-in-law woke up and caught the accused/respondent. At that time, the accused / respondent was naked.
5. On the basis of complaint made by the victim, FIR in Crime No.0/2021 was registered against the accused / respondent at Police Station Lavan under Sections 450, 376 and 323 of the IPC. A memo was sent to the District Hospital, Balodabazar, for examination of the victim’s genitals and the victim’s genitals were examined vide Ex.P-3 and the doctor has opined that all signs of forceful penetration are present at the time of examination.
6. During the investigation, a blue petticoat was seized upon the victim's production as per Ex.P-4. A map of the scene of the incident was prepared as per Ex.P-5. After examination, a preserved slide of the victim's vaginal swab was jammed in a sealed packet by constable Memin Brahme. Injured Rohit Ghritalhar was examined at the District Hospital, Baloda Bazar. A complaint under Ex.P.-9 was sent to the District Hospital, Baloda Bazar for examination of the petticoat worn by the victim at the time of the incident and a report was submitted. An application under Ex.P-17 was sent to the Judicial Magistrate First Class, Baloda Bazar, to have the victim's statement recorded in court. The accused was arrested as per the arrest memo Ex.P-18. The underwear worn by accused Devidas at the time of the incident was seized as per seizure memo Ex.P-10 and a written complaint Ex.P.-7 was sent to the Community Health Centre, Lavan, for testing the seize
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