State Of Chhattisgarh v. Pramod Das @ Appu

CRMP No. 1304 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1304 of 2019 • State Of Chhattisgarh Through District- Magistrate, Jagdalpur, District- Bastar, Chhattisgarh.

---- Petitioner

Versus

• Pramod Das @ Appu S/o Jaitram Aged About 26 Years CasteMahra Isai Backword Community, Occupation- Unemployed, R/o Village- Kasturi, Gadbaguda Para, Police Station- Nagarnar, District- Bastar, Chhattisgarh.

---- Respondent For Petitioner Mr. Santosh Bharat, Panel Lawyer DB:

Hon'ble Mr. Justice Prashant Kumar Mishra & Hon'ble Mr. Justice Gautam Chourdiya Order On Board By Prashant Kumar Mishra, J.

24/7/2019

1. Heard on IA No.1, an application for condonation of delay of 542 days in filing the CRMP.

2. On due consideration, the application is allowed and the delay is condoned.

3. Also heard on admission.

4. The trial Court has acquitted the accused of the charges under Sections 450, 376, 506 of IPC and Section (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of

CRMP No. 1304 of 2019 Atrocities) Act, 1989.

5. The prosecutrix is a married lady aged about 19 years. Bare perusal of her statement in the cross-examination from para 11 to 21 would reveal that the act of sexual intercourse went on for more than half hour and during this time, the accused was sleeping beside the prosecutrix in her own house.

6. Considering the nature and quality of evidence, the trial Court's finding that the prosecutrix appears to be a consenting party, does not appear to be perverse.

7. No case for grant of leave is made out.

8. The CRMP is dismissed.

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