2026:CGHC:9760 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 322 of 2025

1 - State of Chhattisgarh Through Police Station AJK, Ambikapur, Distt. Surguja (C.G.)

... Appellant versus

1 - Munmun Thakur S/o Shrikant Thakur, Aged About 22 Years, R/o Babupara, Atal Awas Ambikapur, Police Station Ambikapur, Distt. Surguja (C.G.)

---- Respondent (Cause-title taken from Case Information System)

For Appellant : Ms. Supriya Upasane, Govt. Advocate.

For Respondent : Mr. Sourabh Pandey, Advocate on behalf of Mr.

Amarnath Pandey, Advocate.

Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

Order on Board

24-02-2026

1. The present acquittal appeal under Section 14(A)(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short ‘the SC/ST Act’) against the impugned judgment of acquittal dated 17-05-2024 passed by the learned Special Judge (Atrocities), Surguja place Ambikapur in Special Sessions Case (Atrocities) No.25/2021 whereby the respondent/accused has been acquitted from the offence under Section 294, 506 Part II, 354, 323 of the IPC and Section 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)

(va) (in three counts) of the SC/ST Act.

2. The brief facts of the case are that, on 16-03-2021 at about 5-6 p.m. the son of the victim PW-3 was playing in front of her house. At that time, the

DMA D18 A i a Og :t D 4 i e Ht 9 I : a LA :2 l 2 MK 0 y 9 2 HM s +6 i A gE .00 N nD 54 e 3. d 00 4 by respondent/accused came there in intoxicated condition and started scolding

the son of the victim. When the victim objected the respondent/accused

abused her on the name of her caste and outraged her modesty and assaulted her by barber’s knife which he kept in his pocket of pant. The victim received injuries on her right wrist. A written complaint was made byy the victim PW-3 at police stated AJAK, Ambikapur and then the FIR Ex.-P/2 was registered against the respondent/accused on 09-04-2021 for the offence under Section 294, 506, 354A of the IPC and Section 3(2)(w)(i) and 3(1)(r)(s) of the SC/ST Act. The MLC report Ex.-P/1 which was conducted on 16-03-2021 at district hospital Ambikapur was obtained by police in which the doctor has found pain over chest, pain over right upper arm and abrasion over right hand palm, which were simple in nature. The spot map Ex.-P/4 was prepared by police. The social status certificate of the victim Ex.-P/5A has been seized vide seizure memo Ex.-P/5. Barber’s knife has been seized from the respondent/accused vide seizure memo Ex.-P/8. The respondent/accused was arrested on 21-04-2021. Statement of the witnesses were recorded and after completion of usual investigation charge sheet was filed against the respondent/accused before the learned trial Court.

3. The learned trial Court has framed charge against the respondent/accused for offence under Section 294, 506 Part II, 354, 323 of the IPC and Section 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(va) (in three counts) of the SC/ST Act. The respondent/accused denied the charge and claimed trial.

4. The prosecution has examined as many as 7 witnesses. The statement of the respondent/accused under Section 313 of the Cr.P.C. has also been recorded in which he denied the circumstances that appears against him, pleaded innocence and submitted that he has been falsely implicated in the offence.

5. After appreciating the oral as well as documentary evidence led by the prosecution, the learned trial Court has acquitted the respondent/accused holding that the prosecution has failed to prove its case beyond reasonable doubt. While acquitting the respondent/accused the learned trial Court has also considered the evidence of the victim PW-3 that she exaggerated the statement and there are material omissions and contradiction in the evidence of the prosecution witnesses and also that the FIR has been lodged after about 24 days for which there was no explanation. The judgment of acquittal is under challenge in the present acquittal appeal.

6. Learned counsel for the appellant would submit