The Chhattisgarh High Court dismissed the State's CRMP seeking leave to appeal against a Special Court's acquittal of the accused under IPC and SC/ST Act Sections, holding the acquittal based on consent was a probable view.
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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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 418 of 2020
---- appellant
Versus
---- Respondent
For Appellant/State : Shri R. S. Bhaghel, Dy. G. A.
Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Judgment on Board by Justice Prashant Kumar Mishra
19/02/2020
Heard on application for grant of leave to appeal under Section 378(3) of Code of Criminal Procedure, 1973.
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She lodged the FIR alleging that the accused committed forcible intercourse with her regularly from 8.12.2016 to 14.07.2017. He (accused) threatened and criminally intimidated her saying that if her husband reaches back to her house he would be murdered. When examined in Court she admits that accused is a bus driver and she used to travel in the same bus driven by the accused and that she had prior acquaintance with the accused during her bus journey. She admits that she and her husband both have mobile-phone but she did not talk to her husband for a period of six months nor her husband came to reside with her during the period when the incident took place. When suggested that she has gifted a motor-cycle to the accused she denied the fact but admits that the prepaid cheque ensuring payment of loan to the Finance Company was signed by her with further explanation that the accused has forcibly taken this cheque from her.
Sd/Sd/- Prashant Kumar Mishra Gautam Chourdiya Judge Judge
amita
1 issue framed by the court
Whether to grant leave to appeal under Section 378(3) CrPC against the Special Court's acquittal of the accused.
State of Chhattisgarh, Through Police Station A. J. K., District Rajnandgaon (C.G.)
Haider Ali
Prashant Kumar Mishra
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
