2026:CGHC:13726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 213 of 2015  Ku. Nishi Esthar Herenz D/o Late Shri Nobel Herenz Aged About 40 Years Caste Munda Schedule Tribes R/o Indira Colony Near Water Tank Tarbahar, P.S. Tarbahar, Place And District Bilaspur Chhattisgarh. , Chhattisgarh --- Applicant(s)

versus

1. State Of Chhattisgarh Through Station House Officer Police Station Torwa Bilaspur Chhattisgarh. , Chhattisgarh

2. Smt. Jacquiline Thomas W/o Lenjus Thomas Aged About 39 Years Caste Anglo Indian R/o Construction Colony Railway Police Station Tarbahar, Bilaspur Tahsil And District Bilaspur, Civil And Rev. Distt.

Bilaspur Chhattisgarh. , District : Bilaspur, Chhattisgarh ---- Non-Applicant CRA No. 825 of 2015  Smt. Jacquiline Thomas W/o Lenjus Thomas Aged About 39 Years R/o Construction Colony Railway, Police Station Tarbahar, Bilaspur, District Bilaspur Chhattisgarh. , Chhattisgarh --- Appellant(s)

versus  State Of Chhattisgarh Through Station House Officer, Police Station Ajak Bilaspur, District Bilaspur Chhattisgarh. , Chhattisgarh ---Respondent In ACQA No. 213/2015 For Appellant Mr. Avinash K. Mishra, Advocate.

For State Mr. Jitendra Shrivastava, G.A.

For Respondent No. 2 Mr. Sunil Otwani, Sr. Advocate assisted by Mr. Hemant Tolani, on behalf of Mr.

Vinod Ku. Pandey, Advocates.

Digitally signed by In CRA No. 825 of 2015 JYOTI JHA Date:

2 1 0 0 2 :5 6 7 .0 :4 3 5 .25 For Appellant : Mr. Sunil Otwani, Sr. Advocate assisted +0530 by Mr. Hemant Tolani, on behalf of Mr.

Vinod Ku. Pandey, Advocates.

For State : Mr. Avinash K. Mishra, Advocate.

Hon’ble Shri Arvind Kumar Verma, Judge

Order on Board

23.03.2026

1. Since the Acquittal Appeal filed on behalf of the appellant/complainant and Criminal Appeal filed by the appellant/accused arise out of same impugned judgment, they are heard together and are being disposed of by this common judgment.

2. Acquittal Appeal has been filed on behalf of the complainant, challenging the legality, validity and propriety of judgment dated 10.07.2015 in Special Session Trial No. 24/2014 passed by the learned Special Judge Bilaspur whereby the sole accused namely Smt. Jaklin Thomas has been acquitted from the charges of Section 353, 506 of Indian Penal Code 1860 and convicted under Section 294 of IPC with Section 3(1)(10) of Schedule Caste and Schedule Tribe (Prevention of Atrocity) Act 1989 (as amended 2014).

3. Criminal Appeal has been filed by the appellant-accused, challenging the legality, validity and propriety of very same judgment dated 10.07.2015 passed by the learned Special Court (Atrocities) Bilaspur Chhattisgarh in Special Case No. 24/2014, whereby the appellant has been convicted and sentenced as follows:-

and Schedule Tribep ayment of fine, additional R.I. for 2 months.

(Prevention of Atrocity)

Act

294 of Indian Penal CodeFine of Rs. 300/- in case of default of payment of fine amount further R.I. for 10 days.

4. The prosecution case, in brief, is that the complainant, Nishi Esther Herenj, filed a complaint before the Court of the Judicial Magistrate First Class, Bilaspur, stating that she was working as Senior P.A. (Tele-3) in South East Central Railway, Bilaspur, while the accused was working as P.A. (Tele-2); on 29.07.2013 at about 3:00 PM after lunch, when the complainant returned from the common hall to her office chamber, the accused, who was already present, directed her to sit outside, and upon her refusal on the ground that there was no order from any higher authority, the accused allegedly pushed her, attempted to force her out of the room, threatened to get her killed if she continued to sit inside, and abused her with filthy and caste-based derogatory words, due to which she could not perform her official duties; the complainant reported the incident to the office in-charge/Secretary but no action was taken and instead she was relieved from duty, as a result of which she fell unconscious and was admitted to the Railway Hospital where she was informed to have suffered a minor h