High Court revision under CRMP No. 773 of 2017 considered an application against Trial Court's acquittal in a rape case. Court noted prosecutrix's age over 18, inconsistent statements, and delay in FIR. Leave to appeal was refused, and revision was dismissed.
CRMP dismissed; leave to appeal against acquittal refused.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 773 of 2017
---- Petitioner
Versus
---- Respondent
For Applicant Shri Rajendra Tripathi, PL
Hon'ble Justice Shri Prashant Kumar Mishra
Hon'ble Justice Shri Gautam Chourdiya
Order On Board by Prashant Kumar Mishra
09/09/2019
along with the accused to his house where they stayed together for about one month. Thus, there is considerable delay in lodging the FIR after the first incident and moreover the prosecutrix would state two different stories in the FIR and in her court statement.
Sd/Sd/Prashant Kumar Mishra Gautam Chourdiya Judge Judge
Nirala
2 issues framed by the court
Whether leave to appeal against acquittal of rape charges should be granted considering prosecutrix's age and conduct.
Whether the Trial Court's acquittal in a rape case under Section 376 IPC should be reviewed in the revision.
State Of Chhattisgarh
Tarun Verma
Prashant Kumar Mishra
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
