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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 442 of 2018
• The State of Chhattisgarh Through District Magistrate, Rajnandgaon
Chhattisgarh
—- Petitioner
Versus
• Bhagwati Prasad Arya S/o Latkhor Singh Arya Aged About 45 Years R/o
Tibal Colony Ward No.- 3, Police Station Ambagarh Chowki, District
Rajnandgaon Chhattisgarh
—- Respondent
For Petitioner/State : Ms. Madhunisha Singh, PL for the State/petitioner
For Respondent : Shri Aditya Bhardwaj, Advocate
Hon’ble Shri Justice Goutam Bhaduri
Order On Board
09/07/2018
1. Heard.
2. The present leave to appeal with an application for condonation of delay has
been filed against the acquittal order dated 03.08.2017, passed in Special
ST No.20/16 by the Additional Sessions Judge (FTC), Rajnandgaon.
3. As per the case of the prosecution, a report was made by Omprakash
Nishad (PW-6), the father of the victim (PW-5) that on 22.03.2016 at 2 pm
he came to know that the accused has pressed the cheek of his daughter
and placed sickle on her neck. Having enquired, it was stated that on
11.03.2016 during a farewell party of Class-VIII, the accused Bhagwati
Prasad Arya, who was working as a peon in the school, with all bad
intention pressed the cheek of the daughter of the complainant and placed
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sickle on her neck which was seen by others also. Therefore, after
investigation, different statements of witnesses were recorded and case
against the respondent was registered and the charges were framed under
Section 354 IPC for trying to outrage the modesty of four girls and under
Section 10 of the Protection of Childre from Sexual Offences Act, 2012.
During the trial, the respondent abjured the guilt and the prosecution
examined their witnesses.
4. Learned State counsel referred to the statement given under Section 164
Cr.P.C. of the witnesses and submits that the trial Court ignored such
statements while deciding the case and acquitted the accused. She further
referred to the statement of one Shikha Ramteke, who is the Teacher and
would submit that she has stated that all the girls have complained that the
present accused tried to outrage the modesty of the girls. Thereby the
offence has been committed.
5. Learned counsel for the respondent vehemently opposed the arguments
raised by learned State counsel and submits that the ground of appeal has
not been properly stated and submits that the order of the Court below is
well merited, which do not call for any interference and submits that the
leave to appeal cannot be granted.
6. Perused the record of the Court below. There are four victims, who have
been examined as PW1, PW3, PW4 PW5 all the witnesses are the
students of the school. Perusal of the statements of the witnesses would
show that they have not supported the case of the prosecution and only they
stated that the accused asked all the girls to go to their class and completely
disowned the incident. Reading the statements of the witnesses would
show that since they were scolded to go into the classes by the accused
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they felt bad and the report was made. Specifically, the incident of pressing
the cheek has been denied. The other witness PW-2, who is also a student
is also hearsay witness.
7. Therefore, reading of the entire statements of the victims would show that
they have completely disowned the incident and even on cross-examination
it would show that they have turned hostile and nothing incriminating has
been brought to the surface in support of the prosecution rather the
statements of the witnesses show that while the students were out of class,
they were asked to go into the class, as such the report was made. Taking
into the statements and further the reasons stated in the application for
condonation of delay, I do not find that any sufficient reason exist coupled
with the fact that prosecution sans merit. The statements do not require any
re-appreciation as categorically statement against the prosecution exists. In
a result, I do not find any ground to condone the delay and grant leave to
appeal.
8. This petition has no merit. It is accordingly dismissed.
Sd/-
Goutam Bhaduri
Judge
Ashu