State Of Chhattisgarh vs Jagan @ Satish Pizyani on 13 March, 2026

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    Chattisgarh High Court

    State Of Chhattisgarh vs Jagan @ Satish Pizyani on 13 March, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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                                                                                 2026:CGHC:12084-DB
                                                                                              NAFR
    
                                     HIGH COURT OF CHHATTISGARH AT BILASPUR
    
    
                                                      CRMP No. 1037 of 2022
    
                           State of Chhattisgarh Through Police Station Jamul, District : Durg,
                           Chhattisgarh
                                                                                       ... Applicant(s)
                                                             versus
                           Jagan @ Satish Pizyani S/o Nihal Chandra Aged About 22 Years R/o
                           Qutr. No. C 78 Block, Near Chhota Nalanda School, Housing Board,
                           Police Station Jamul, District : Durg, Chhattisgarh
                                                                                     ...Respondent(s)

    (Cause-title taken from Case Information System)

    For State/Applicant : Mr. S.S. Baghel, Government Advocate.

    SPONSORED

    Hon’ble Shri Ramesh Sinha, Chief Justice
    Hon’ble Shri Ravindra Kumar Agrawal, Judge
    Order on Board
    Per Ramesh Sinha, Chief Justice
    13.03.2026

    1. Heard Mr. S.S. Baghel, learned Government Advocate for the

    applicant/State.

    2. The State has sought leave to appeal against the impugned

    judgment of acquittal dated 01.12.2021 passed in Special Sessions

    Digitally
    signed by
    Case (POCSO Act) No. 238 of 2019 by the learned Additional Sessions
    BRIJMOHAN
    BRIJMOHAN MORLE
    MORLE Date:

    2026.03.13
    18:59:43
    +0530
    2

    Judge, Third Fast Track Special Court (POCSO Act) Durg, District Durg

    (C.G.) (hereinafter referred to as the “learned trial Court”), whereby the

    learned trial Court acquitted the respondent trial Court acquitted the

    respondents of the offences punishable under Section 509, 354 (?k) of

    the IPC & under Section 12 of the Prevention of Childresh from Sexual

    Offences Act, 2012 (for short, ‘POCSO Act‘) and under Section 354 of

    the IPC & U/s 8 of POCSO Act and under Section 376 (2)(>) of the IPC

    & under Section 4 of the POCSO Act, holding that the prosecution failed

    to prove the charges beyond reasonable doubt.

    3. Case of the prosecution, in brief, is that:

    (i) On 17.03.2016, the complainant / mother (PW-4) of the

    victim lodged a complaint in the Police Station Jamul, Distt.

    Durg alleging that she lives at Ghasidasnagar, Qutr. No. 32.

    She alleged that on 17.03.2016 her daughter informed her that

    the accused/respondent, with ill intention, always touched her

    breast, chick and body and saying her I love you, caught her

    anywhere. The victim (PW-3) also informed that on 01 st

    February the accused/respondent, in the newly constructed

    house, was doing obscene acts with her. When the

    complainant told that why she has not informed earlier, the

    victim said that the accused/respondent has said to not inform

    the incident anyone. The Police registered the case and took

    the matter under investigation. The Police recorded the

    statement of the witnesses and seized the caste certificate of
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    the victim. The victim was sent for medical examination, after

    getting consent.

    (ii) After due and necessary investigation, the charge-sheet

    was filed against the respondent/accused and the

    respondent/accused was put to face charge before the learned

    trial Court. The respondent/accused abjured the guilt. In order

    to prove its case, the prosecution examined as many as 05

    witnesses in its favour.

    (iii) After appreciating the evidences on record, the learned trial

    Court did not believe the evidence proving guilt of the

    respondent/accused, and therefore, acquitted the

    respondent/accused from the offence charged vide impugned

    judgment and order dated 01.12.2021, hence, the present

    Criminal Miscellaneous Petition has been filed seeking leave to

    appeal.

    4. Learned State counsel submits that the learned trial Court

    committed a grave error in acquitting the respondent/accused by

    unjustifiably discarding the evidence of the complainant without

    assigning any cogent, convincing, or substantial reasons. It is

    contended that the learned trial Court failed to consider that, for proving

    the age of the victim, the admission register (Ex.P/3), wherein the date

    of birth of the victim is recorded as 25.03.2004, has not been rebutted

    by the defence. He further submitted that the learned trial Court failed to

    properly appreciate the statement of the victim (PW-3), wherein she
    4

    stated that on the date of the incident one Kasturi called her to her

    house for playing Carrom. When she reached the house, Kasturi called

    the accused/respondent by mobile phone. In the room, Kasturi opened

    her clothes, thereafter the accused/respondent caught hold of the victim

    and, after opening his clothes, established physical relations with her.

    The victim (PW-3) was crying due to pain; thereafter Kasturi covered

    her mouth and held her hands. After some time, the

    accused/respondent left the victim. Despite the prosecution having led

    consistent, reliable, and corroborative evidence through its witnesses,

    the learned trial Court failed to properly evaluate and appreciate their

    testimonies in their correct legal perspective and erroneously acquitted

    the accused. The findings recorded by the learned trial Court are

    therefore perverse, contrary to the evidence available on record, and

    unsustainable in law. Accordingly, it is most respectfully prayed that

    leave to appeal against the impugned judgment of acquittal be granted.

    5. We have heard learned State counsel and perused the record of

    the case including the impugned judgment of acquittal.

    6. Learned trial Court while acquitting the accused/respondent has

    observed in paragraphs 39 to 48 as follows:

    “39. According to the prosecution story, since
    February 2016 the accused had been touching the
    victim’s body, breasts and cheeks with bad intention,
    saying “I love you,” and catching hold of her anywhere
    and committing obscene acts with her. About one and
    a half months later, when the victim informed her
    mother (PW-4) about the incident, her mother
    5

    submitted a written complaint against the accused at
    Police Station Jamul, District Durg, on the basis of
    which the First Information Report was registered.
    However, during the trial the victim (PW-3), while
    improving her earlier statements, described the
    incident in an entirely different manner and alleged
    that the accused had committed rape upon her.

    40. The victim’s mother (PW-4), without giving any
    detailed account of the alleged incident of molestation,
    merely stated that the accused had teased/molested
    the victim. Her testimony is silent regarding any
    allegation that the accused had committed rape upon
    the victim. Thus, the statements of the victim (PW-3)
    are not supported by the testimony of her mother
    (PW-4); rather, the statements of the victim (PW-3)
    and her mother (PW-4) are contradictory to each
    other, thereby creating doubt regarding their
    testimonies.

    41. The Investigating Officer, Inspector Navi Monika
    Pandey (PW-5), deposed that she visited the place of
    occurrence and prepared the spot map (Ex.P/10) as
    pointed out by the complainant/victim’s mother (PW-

    4), which bears her signature at portions ‘A to A’ and
    ‘B to B’. Revenue Inspector G.S.N. Kaushik (PW-1)
    also stated that he prepared the site map (Ex.P/01) of
    the place of occurrence as pointed out by the
    complainant/victim’s mother (PW-4), which bears his
    signatures at portion ‘A to A’. This fact is corroborated
    by the testimony of the victim’s mother (PW-4), who
    stated that the police prepared the spot map (Ex.P/10)
    and that the Patwari prepared the site map (Ex.P/01)
    on the basis of her indication. No material
    contradiction to this evidence has been brought on
    6

    record by the defence.

    42. According to the site map (Ex.P/01) and the spot
    map (Ex.P/10), the place of occurrence is an under-

    construction house situated at a distance of about 150
    feet from the residence of the complainant/victim’s
    mother (PW-4). However, the victim (PW-3), in her
    testimony, made a contradictory statement by stating
    that the place of occurrence was Kasturi’s house, and
    in cross-examination she clarified that Kasturi’s house
    and her own house are situated one above the other.
    Thus, from the statements of the victim herself, the
    place of occurrence in the present case becomes
    doubtful.

    43. It is noteworthy that the victim (PW-3) herself
    could not remain consistent during her cross-
    examination and admitted that the accused had not
    committed any wrongful act, molestation or rape with
    her. She further stated that the accused never came to
    her house, never met her on the way, never went to
    her school, and that she had never informed her
    mother or any other person about such an incident.

    44. Even the victim’s mother (PW-4), during her cross-
    examination, denied the written complaint (Ex.P/8)
    and the First Information Report (Ex.P/9) registered on
    the basis of that complaint. As a result, the very first
    information regarding the incident comes under doubt,
    thereby rendering the entire investigation based on it
    doubtful.

    45. From the above analysis of evidence, this Court
    reaches the conclusion that the testimony of the victim
    is not consistent with the prosecution story. She could
    not remain firm during cross-examination and
    7

    admitted that the accused had not committed any
    wrongful act, molestation or rape with her and that she
    had never informed anyone about such an incident
    prior to the date of her evidence. Moreover, the
    statements of the victim (PW-3) and her mother (PW-

    4) are mutually contradictory, and the victim’s mother
    (PW-4) has even denied the written complaint on the
    basis of which the FIR was registered. Therefore, the
    testimony of the victim suffers from inherent
    weaknesses and raises doubts about its credibility,
    and thus fails to inspire confidence. The investigation
    has also not been corroborated by reliable evidence.
    Consequently, the prosecution case appears doubtful.

    46. In this regard, the Bombay High Court in Navin
    Dhanicam Baraiye (In Jail) vs State of Maharashtra

    (decided on 25 June 2018) has held that the
    presumption under Section 29 of the POCSO Act is
    not absolute and operates only after the prosecution
    first establishes foundational facts against the
    accused beyond reasonable doubt. It was further held
    that if such foundational facts are not proved, the
    presumption does not arise, and even if it does, the
    accused may rebut the same through cross-

    examination or by leading defence evidence on the
    touchstone of preponderance of probability.

    47. As the prosecution has failed to prove its case
    beyond reasonable doubt, the presumption provided
    under Sections 29 and 30 of the Protection of Children
    from Sexual Offences Act, 2012 does not apply in the
    present case. The Court therefore concludes that the
    prosecution has failed to prove the charges against
    the accused beyond reasonable doubt.

    8

    48. Consequently, giving the benefit of doubt to the
    accused, he is acquitted of the charges under Section
    509 and Section 354-D of the Indian Penal Code and
    Section 12 of the Protection of Children from Sexual
    Offences Act, 2012; under Section 354 of the Indian
    Penal Code and Section 8 of the Protection of
    Children from Sexual Offences Act, 2012; and under
    Section 376(2)(a) of the Indian Penal Code and
    Section 4 of the Protection of Children from Sexual
    Offences Act, 2012.”

    7. Having considered the submissions advanced by learned State

    counsel and upon perusal of the entire record, including the impugned

    judgment and the findings recorded by the learned trial Court, this Court

    finds that the trial Court has minutely examined and appreciated the

    evidence available on record. The trial Court has taken into

    consideration the testimony of the victim and her mother, the evidence

    of the Investigating Officer, the documentary evidence such as the site

    map and spot map, as well as the contradictions emerging from the

    statements of the prosecution witnesses. The trial Court has particularly

    noted that the victim was not consistent in her testimony and, during

    cross-examination, admitted that the accused had not committed any

    wrongful act with her. The Court has also observed that the statements

    of the victim (PW-3) and her mother (PW-4) are mutually contradictory,

    and even the written complaint and the FIR were denied by the victim’s

    mother during her cross-examination. The trial Court further found that

    the place of occurrence itself became doubtful due to contradictory

    statements of the victim in relation to the site plan. On the basis of the
    9

    aforesaid discrepancies and lack of reliable corroboration, the trial Court

    reached the conclusion that the prosecution failed to prove the charges

    beyond reasonable doubt and, therefore, extended the benefit of doubt

    to the accused.

    8. It is well settled that in an appeal against acquittal, the scope of

    interference by the appellate Court is very limited. Unless the findings

    recorded by the trial Court are shown to be perverse, manifestly illegal,

    or wholly unsustainable on the basis of the evidence on record, the

    appellate Court would not be justified in interfering with the order of

    acquittal. Recently, the Hon’ble Supreme Court, while considering the

    scope of interference in an appeal against acquittal in State of

    Rajasthan vs. Kistoora Ram, reported in 2022 SCC OnLine SC 984,

    has held as follows:

    “8. The scope of interference in an appeal against

    acquittal is very limited. Unless it is found that the view

    taken by the Court is impossible or perverse, it is not

    permissible to interfere with the finding of acquittal.

    Equally if two views are possible, it is not permissible

    to set aside an order of acquittal, merely because the

    Appellate Court finds the way of conviction to be more

    probable. The interference would be warranted only if

    the view taken is not possible at all.”

    9. In the present case, the findings recorded by the learned trial

    Court are based on a proper appreciation of the evidence available on
    10

    record and cannot be said to be perverse or wholly unsustainable in

    law. Even otherwise, the view taken by the learned trial Court is a

    possible and plausible view on the basis of the material placed before it.

    Therefore, this Court does not find any sufficient ground to grant leave

    to appeal against the judgment of acquittal.

    10. Consequently, the Criminal Miscellaneous Petition seeking grant of

    leave to appeal is dismissed in limine. In view of the dismissal of the

    petition, the accompanying acquittal appeal also stands dismissed.

                                 Sd/-                               Sd/-
                      (Ravindra Kumar Agrawal)                 (Ramesh Sinha)
                                Judge                           Chief Justice
    
    
    
    
    Brijmohan
     



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