2026:CGHC:8725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 38 of 2016 Gopi Ratre S/o Ghurau Ratre Aged About 50 Years R/o Vikash Nagar, Champa Road, Korba, Tahsil And District Korba Chhattisgarh., Chhattisgarh --- Appellant versus

1 - State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Korba, District Korba Chhattisgarh., Chhattisgarh

2 - Pankaj Devda S/o Pramod Devda Aged About 32 Years R/o Near Bajrang Talkies, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh

3 - Pramod Devda S/o Late Mahaveer Prasad Devda Aged About 52 Years R/o Near Bajrang Talkies, Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh --- Respondent(s)

For Appellant(s) : Mr. Rudra Pratap Dubey on behalf of Mr.

Goutam Khetrapal, Advocate For Respondent/State : Mr. Jitendra Shrivastava, G.A.

For Respondent No. 2 & : Ms. Mahi Pandey on behalf of Mr.

Chandresh Shrivastava, Advocate CRA No. 299 of 2016

1 - Pankaj Devda S/o Shri Pramod Devda Aged About 32 Years R/o Near Bajrang Talkies, Korba, District Korba, Chhattisgarh., Chhattisgarh 2 - Pramod Devda S/o Late Shri Mahavir Prasad Devda Aged About 52 Years R/o Near Bajrang Talkies, Korba, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ---Appellant(s)

Versus State Of Chhattisgarh Through Police Station Kotwali, Korba, District Korba, Chhattisgarh., Chhattisgarh --- Respondent(s)

For Appellant(s) : Ms. Mahi Pandey on behalf of Mr. Chandresh Shrivastava, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, G.A.

Hon’ble Shri Justice Arvind Kumar Verma Judgment on Board

18/02/2026

1. The acquittal appeal bearing ACQA No. 38 of 2016 has been filed by the appellant under Section 372 of Cr.P.C., 1973 against the judgment of conviction and order of sentence dated 21.01.2016 passed by the Court of Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, District- Korba (C.G.) in Special Sessions Trial No. 21/2013 whereby the respondent no. 2 and 3 have been acquitted from the offence punishable under Sections 506 part 2 of IPC and Section 3(1)(x)

of SC/ST Act.

2. The Criminal Appeal bearing CRA No. 299 of 2016 has been filed by the appellants under Section 374(2) of the Cr.P.C., 1973 against the judgment of conviction and order of sentence dated 21.01.2016 passed by the Court of Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, District- Korba (C.G.) in Special Sessions Trial No. 21/2013, whereby the appellants stands convicted as under:

3. Case of the prosecution in brief is that, the complainant Nagendra Singh is a member of a Scheduled Tribe. On 26.06.2008 at about 12:30 PM, Nagendra Singh was cleaning the land belonging to Tripti Bajaj Auto Agency. During that time, the accused persons Pankaj Devda and Pramod Devda came to the spot and started abusing Nagendra Singh and the other persons engaged in cleaning work with filthy abuses referring to their mothers and sisters. They said that if the land was cleanned, it would not be good and they threatened them. While threatening, they pushed Chhotu Yadav, who was also cleaning there, causing him to fall down and sustain simple injuries. The accused persons were also abusing Gopi Raj, another person involved in cleaning work, using caste-related insulting words. On the report lodged by complainant Nagendra Singh regarding the said incident at Police Station Kotwali, Korba on 26.06.2008, FIR was lodged bearing No. 650/08 under Sections 294, 506, 323/34 of IPC, and the case was taken up for investigation. During investigation, the statements of the complainant and witnesses were recorded. A spot map was prepared. After completion of the investigation, a charge-sheet was filed against the accused persons.

4. Learned counsel for the appellant in acquittal appeal bearing ACQA No. 38 of 2016 submits that the impugned judgment of acquittal dated 21.01.2016 is contrary to law, facts and circumstances of the case, therefore liable to be set-aside. On the