The High Court allowed the appeal, acquitting the appellant. The court held the prosecutrix's evidence was not dependable due to contradictions between her FIR and trial version and her silence during testimony.
Conviction set aside and appellant acquitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 515 of 2001
Vinnu @ Vinay Kumar, S/o- Chhabiram, Aged about- 19 years, Occupation- Agriculture, R/o-Village- Giraud, P.S.- Magarlod, Tahsil- Kurud, District- Dhamtari ---- Appellant
Versus
State of Chhattisgarh, Through: District Magistrate, Dhamtari (C.G.) ---- Respondent
------------------------------------------------------------------------------------------For Appellant : Mrs. Meenu Banerjee, Advocate For Respondents : Mr. Ishwar Jaiswal, P.L. -------------------------------------------------------------------------------------------
Hon'ble Shri Justice Ram Prasanna Sharma
Judgment On Board
20/11/2019
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Version of this witness is entirely different what is stated by her before investigating officer in the present case. Investigating officer is Sub Inspector- S.M. Tiwari (PW-10), as
per version of this witness he recorded statement of prosecutrix what is stated by her before him. In her earlier statement she said that appellant tried to commit intercourse with her. While she has exaggerated her version before the Trial Court and deposed that sexual intercourse was committed by the appellant. Both versions are contradictory in nature and looking to the conduct of the prosecutrix for not replying the answer to the questions put to her, the evidence of prosecution is not of sterling quality. The evidence which is not dependable and acted upon safely.
Sd/-
(Ram Prasanna Sharma) Judge
N.Mohle
1 issue framed by the court
Whether the prosecutrix's evidence, being contradictory and indecisive, can be relied upon to sustain a conviction under Section 376(2)(F) IPC.
Vinnu @ Vinay Kumar
State of Chhattisgarh
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
