2026:CGHC:11359-DB Digitally signed RAGHVENDRAby JAT RAGHVENDRA JAT NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 102 of 2012 • State Of Chhattisgarh, through the District Magistrate District Korba, C.G. ... Appellant(s)

versus

1. Dinesh Soni S/o Netalal Soni Aged About 24 Years R/o.

Bhadarapara, Balco Nagar, Korba (C.G.).

2. Ashok Choudhari S/o Chhotelal Choudhari Aged About 28 Years R/o. Shanti Nagar, Balco Nagar, Korba (C.G.).

3. Vijay Kumar S/o Dhaniram Manjhawar Aged About 25 Years R/o.

Padimar, Bhadarapara, Balco Nagar, Korba (C.G.).

4. Dilip Baghel S/o S/o. Bahoran Baghel Aged About 24 Years R/o.

Bhadarapara, Balco Nagar, Korba (C.G.).

5. Raju Uike S/o Shiv Prasad Pradhan Aged About 23 Years R/o.

Sector 2, B, 308, Balco Nagar, Korba (C.G.).

6. Montu Khalkho S/o S/o. Anad Pal Aged About 23 Years R/o. Sada Colony, Balco Nagar, Police Station Kotwali, District - Korba (C.G.)

... Respondent(s)

For Appellant(s) : Mr. Kanwaljeet Singh Saini, Dy. G.A.

For Respondent(s) No. 6 : Ms. Aditi Joshi, Advocate.

DB: Hon'ble Shri Justice Sanjay S. Agrawal and Hon'ble Shri Justice Amitendra Kishore Prasad Judgment on Board Per Amitendra Kishore Prasad , J .

10/03/2026

1. This acquittal appeal has been preferred by the appellant/State against the judgment dated 3.1.2011 passed by the learned 2^nd Additional Sessions Judge, F.T.C, District-Korba, (C.G.), in S.T. No. 87/2010 by which respondents herein has been acquitted of the charges punishable under Sections 395 and 412 of IPC.

2. Brief facts of the case, is that, the complainant, Saman Singh, lodged a report at Police Station Balco on 12.02.2010 at about 21:00 hours stating that he is a resident of Village Risdi and earns his livelihood by doing labour work. He reported that on 12.01.2010, while he was returning to his house at Risdi on his motorcycle bearing registration No. CG-12-A-5631 along with his companion Ramnarayan, at about 7:00 PM, when they reached near Risdi Nala, three persons riding a motorcycle intercepted them on the road. The said persons threatened them by stating that they would beat them and thereafter assaulted and intimidated them, demanding that the motorcycle be handed over to them. Out of fear and under coercion, the complainant was compelled to give them the motorcycle bearing registration No. CG-12-A-5631, after which the three persons fled away from the spot along with the motorcycle. The incident was witnessed by Ramnarayan Kanwar and Jai Singh, who were present at the time of occurrence, and the complainant stated that he would be able to identify the assailants if they were produced before him. On the basis of the said report, Assistant Sub-Inspector Dilip Dhirhe registered an offence under Sections 384/34 of the Indian Penal Code. During the course of investigation, on 20.02.2010 the memorandum statement of accused Dinesh Soni was recorded by Assistant Sub-Inspector Dilip Dhirhe in the presence of witnesses Jai Singh and Moti Lal. On 13.02.2010, the motorcycle was seized from the complainant Saman Singh in the presence of witnesses Ramnarayan and Jai Singh. Thereafter, on 14.02.2010, the memorandum statement of accused Dilip Baghel was recorded by Sub-Inspector Dilip Baghel in the presence of witnesses Jai Singh and Ramnarayan, and on the same date Sub-Inspector Divakar Upadhyay conducted the seizure proceedings of motorcycle bearing registration No. CG-12-A-5631 in the presence of the said witnesses. Subsequently, on 30.04.2010, an identification parade was conducted by the Additional Tehsildar, Sonit Meria, wherein the complainant Saman Singh identified accused Dinesh, Ashok and U.K. Raju. Further, on 14.02.2010, the accused persons namely Dinesh Soni, Ashok Choudhary, Vijay Kumar, Dilip Baghel, Raju and Bhodu were arrested by Assistant Sub-Inspector Dilip Dhirhe. On 28.04.2010, a proclamation of absconding was prepared against accused Suresh Yadav by Sub-Inspector Dilip Dhirhe in the presence of witnesses Shravan Ratre and Jagannath Prasad. The statements of Ra