Dismissed

State of Chhattisgarh v. Angaroo Ram Sahu

Chhattisgarh HC20 Nov 2019CRMP/2499/2019

Case brief

AI extract

What is this about?

Regarding CRMP regarding acquittal of sexual assault charges, the single judge condoned the 143-day delay. The court held that the trial court's finding of a consensual relationship was not perverse and dismissed the revision petition as no case for leave to appeal existed.

What did the court decide?

I.A. No.1 allowed regarding delay; CRMP dismissed; no leave to appeal granted.

State of Chhattisgarh Vs Angaroo Ram Sahu — Criminal Trial and Appeal | Chhattisgarh HC (2019)

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CRMP No. 2499 of 2019

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRMP No. 2499 of 2019

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State of Chhattisgarh Through Station House Officer, Police Station Gendatola, District Rajnandgaon, Chhattisgarh.

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---- Applicant

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Versus

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Angaroo Ram Sahu S/o Jeetram Sahu Aged About 36 Years R/o Village Sitakasa, Police Station Gendatola, District Rajnandgaon, Chhattisgarh.

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---- Respondent

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For Applicant-State :- Shri Avinash Choubey, PL

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Hon'ble Shri Prashant Kumar Mishra

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Hon'ble Shri Gautam Chourdiya, JJ.

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Order on Board By

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Prashant Kumar Mishra, J

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20/11/2019

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Heard.

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On due consideration, delay of 143 days in filing the present CRMP is condoned. Accordingly, I.A. No.1 is allowed.

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The trial Court has acquitted the accused of the charges under Sections 450, 376(2) and 506 Part-II of the IPC.

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CRMP No. 2499 of 2019

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The accused allegedly committed forcible sexual intercourse with the prosecutrix, a married woman, aged about 32 years, on 27.04.2017 and 15 days prior to the said date as well. Her husband, PW-7 Vishnu Ram Sahu, admits that the prosecutrix did not inform about the first incident nor informed about the second incident immediately. In his case diary statement, Exhibit D/3, he informed the Police that his wife informed him that her relation with the accused is continuing from December, 2016 onwards. Although, he denies any such statement made to the Police but the fact remains that the prosecutrix did not inform about her relation with the accused. She was found positive in pregnancy test vide Exhibit P/20. In another document also numbered as Exhibit D/3, which is a Government record relating to information about pregnant women, name of the accused is mentioned as husband of the prosecutrix. This might have happened because the prosecutrix informed the medical officer that the accused is responsible for the pregnancy but the fact remains that she later on refused to undergo DNA test. PW-11, Narbadiya Bai, speaks about alarm raised by the prosecutrix at the time of commission of offence, however, the prosecutrix herself is not making any such statement about raising alarm.

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Considering the evidence on record in its totality the trial

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CRMP No. 2499 of 2019

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Court's finding that her relation with the accused was consensual does not appear to be perverse.

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No case for grant of leave to appeal against the acquittal is made out. Accordingly, the present CRMP deserves to be and is hereby dismissed.

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Sd/Sd/(Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge

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Ankit

State of Chhattisgarh v. Angaroo Ram Sahu

Case brief

What is this about?

What did the court decide?

State of Chhattisgarh v. Angaroo Ram Sahu

Case brief

What is this about?

What did the court decide?

What the court decided

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