Chattisgarh High Court
State Of Chhattisgarh vs Mithleshwar @ Mithlesh on 7 August, 2025
1
2025:CGHC:39400-DB
Digitally signed
ARPAN
by ARPAN
SRIVASTAVA NAFR
SRIVASTAVA Date:
2025.08.08
11:06:46
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
ACQA No. 158 of 2018
State Of Chhattisgarh Through The Incharge Police Station Jaijaipur District
Janjgir Champa Chhattisgarh.
... Appellant
versus
1 - Mithleshwar @ Mithlesh, S/o Sukhdayal, Aged About 24 Years R/o
Baheradih, Police Station Jaijaipur District Janjgir Champa Chhattisgarh.
2 - Hussain Kumar Patre, S/o Salikram Patre, Aged About 22 Years, R/o
Baheradih, Police Station Jaijaipur District Janjgir Champa Chhattisgarh.
... Respondents
For State/Appellant : Mr. Atanu Ghosh, Dy. G.A.
For Respondents : None, though served.
Division Bench
Hon'ble Shri Justice Sanjay S. Agrawal &
Hon'ble Shri Justice Radhakishan Agrawal
Judgment on Board.
07.08.2025
Per Sanjay S. Agrawal, J.
1. This appeal has been preferred by the appellant/State against the
Judgment dated 06.10.2017 passed by the First Additional Sessions
Judge, Sakti, District-Janjgir-Champa in Special Criminal Case
No.18/2016, whereby, the Respondent No.1- Mithleshwar @ Mithlesh
has been acquitted with regard to the offence punishable under Section
363, in alternatively 363/34 and 366, in alternatively 366/34 of IPC,
read with Section 6 of Protection of Children from Sexual Offences Act,
2012, in alternatively 376(1) of IPC, while Respondent No.2-Hussain
Kumar under Section 363, in alternatively 363/34 and 366, in
alternatively 366/34 of IPC.
2. It is alleged by the prosecution that on 11.06.2016, a written report
(Ex.P/10) was lodged by the prosecutrix, aged about 17 and half years
old, resident of village Jarve, Police Station Jaijaipur, alleging inter alia,
that she came in contact with the Respondent No.1-Mithleshwar @
Mithlesh and started talking with him, who on the pretext of marriage,
came on 08.06.2016 in the night and with the help of his friend, namely,
Hussain, the Respondent No.2 herein, took her by the motorcycle to
the station at Baradwar, where said Respondent No.2 dropped them
and, the Respondent No.1-Mithleshwar @ Mithlesh, thereafter, took
her to Raipur by train and, stayed in a rented house for two days and
during this period, he has committed sexual intercourse with her, for
three to four times, while alluring to marry with her. Further of her
allegation is that on 10.06.2016, he took her to village Champa and
dropped to her cousin's house at village Khamharia and then fled
away, while refusing to marry with her.
3. Perusal of the record would show that the prosecutrix was examined
medically on 11.06.2016 by Dr. Shashi Prabha Banjare (PW/10), who
in her report (Ex.P/5) has, however, not given any definite opinion
regarding sexual intercourse committed upon her. It appears further
from her (PW/10) testimony that she has prepared two vaginal slides
and sent for chemichal examination, along with her undergarment
(Panty), and according to the FSL Report (Ex.P/32), the human sperm
was found on those articles. But, in order to ascertain that it belongs to
the Respondent No.1, nothing of his belongings were, however, sent,
so as to hold that the alleged human sperm was that of him.
4. That apart, in order to establish the alleged allegations, as was levelled
by her vide her written report (Ex.P/10), she was examined as PW/3.
However, a bare perusal of her testimony would reveal the fact that
nothing was done by the Respondent No.1 with her, nor even the
alleged report was found to be lodged by her. Her father, who was
examined as PW/2, has also not supported the alleged allegations. No
cogent and reliable evidence has, thus, been led by the prosecution, so
as to hold that the respondents were involved in connection with the
alleged crime and, after taking note of those materials, the trial Court
has, therefore, not committed any illegality in acquitting them from the
commission of the alleged crime.
5. The appeal being devoid of merit is, accordingly, dismissed.
Sd/- Sd/-
(Sanjay S. Agrawal) (Radhakishan Agrawal)
Judge Judge
Arpan
