XYZ vs Jitendra @ Jeetu Tewani

Sanjay S. Agrawal, J

This appeal has been preferred by the prosecutrix under Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023, questioning the legality and propriety of the judgment dated 30.06.2025, passed by the Additional Sessions Judge (FTC), Raigarh, District Raigarh (CG) in Sessions Trial No.26/2022, whereby, the respondent No.1-Jitendra @ Jeetu Tewani, has been acquitted with regard to the offence punishable under Sections 376(2)(n) and 506 Part-II of IPC.

According to the prosecution, a written report (Ex.P-4) was lodged by the prosecutrix on 23.10.2021, before the Police Station- Chakradhar Nagar, Raigarh, alleging therein, that she came in contact with the respondent- Jitendra @ Jeetu Tewani, who in the month of August, 2017, came to her house and on the pretext of marriage, in absence of her parents, made physical relations with her and thereafter, he made the alleged physical relations with her for the period of last five years. It is alleged further that on 22.10.2021, she came to know that he has solemnized the marriage with someone else and threatened to assault her. Based upon the alleged allegations, the said respondent has been charge-sheeted with regard to the offence mentioned herein-above.

In order to establish the alleged allegations, the prosecutrix was examined as PW-6 and, from a bare perusal of her statement would show that although, in her written report (Ex.P-4) and the statement (Ex.P-9) recorded under Section 164 Cr.P.C., it was alleged by her that in the month of August, 2021, the respondent- Jitendra @ Jeetu Tewani, has made the physical relations with her on the pretext of marriage, but the alleged allegation of her was, however, not found to be depicted from her Court’s statement. As from her testimony, neither any physical relation was made by him on 29.08.2017, nor her statement under Section 164 Cr.P.C. was recorded on her free will, as the same was deposed by her under the pressure given by the police, as revealed from para 5 of her testimony.

In view of above, the prosecution has failed to establish the alleged allegations as levelled by the prosecutrix against the said respondent - Jitendra @ Jeetu Tewani and, we, therefore, do not find any substance in this appeal.

The appeal being devoid of merit is, accordingly, dismissed at the admission stage itself.