← Library
High Court Of ChhattisgarhCRMP/956/2020dismissed

State Of Chhattisgarh v. Santosh Kumar @ Pintu

2020-08-24Hon'Ble Shri Justice Prashant Kumar Mishra,Hon'Ble Shri Justice Gautam Chourdiya2 pages

CRMP No. 956 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 956 of 2020 • State Of Chhattisgarh Through The Police Station Basantpur, District Balrampur Ramanujganj Chhattisgarh.

---- Applicant

Versus

1. Santosh Kumar @ Pintu S/o Chandradev Aged About 23 Years R/o Village Gondla, Police Station Basantpur , District Balrampur Ramanujganj Chhattisgarh.

2. Chandradev S/o Hanslal Aged About 42 Years R/o Village Gondla, Police Station Basantpur , District Balrampur Ramanujganj Chhattisgarh.

---- Respondents For Applicant-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Order On Board By Prashant Kumar Mishra, J.

24/08/2020

1. On due consideration delay of 131 days in filing of the Cr.M.P. is condoned. Accordingly, I.A. No. 01 of 2020, application for condonation of delay occurred in filing of the instant Cr.M.P. is allowed.

CRMP No. 956 of 2020

2. The trial Court has acquitted the accused - Santosh Kumar @ Pintu of the charges under Sections 376(2) (ढ) ; 493 of the I.P.C. while acquitted the accused - Chandradev of the charges under Sections 376(2)(ढ) read with Section 109 and 493 read with 109 of the I.P.C.

3. Prosecutrix examined as PW-5, aged about 21 years was married with one - Panu Digambar on 21.04.2015. After living for about 7-8 months with him she left her marital house and started physical relation with present accused without obtaining divorce from her first husband. Later on accused and the prosecutrix married and stayed together as a married couple for about one year. Later on the accused allegedly expelled her from his house whereafter the present FIR was lodged.

4. The prosecutrix being previously married and aged about more than 18 years and she having again married with the accused, the trial Court has rightly found that offence under Section 376 of the I.P.C. is not made out.

5. No case for grant of leave to appeal is made out.

6. Accordingly, the instant Cr.M.P. deserves to be and is hereby dismissed.

SD/- SD/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ayushi