State Of Chhattisgarh v. Deepak Soni

CRMP No. 1010 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1010 of 2020 • State Of Chhattisgarh Through Police Station Kawardha, District Kabirdham Chhattisgarh ---- Petitioner

Versus

• Deepak Soni S/o Devendra Kumar Soni, Aged About 38 Years R/o Village Devki Nagar, Ward No. 7, Gandai, Police Station Gandai, District Rajnandgaon Chhattisgarh ---- Respondent For Petitioner/State Ms. Fouzia Mirza, Additional Advocate General Proceedings through Video Conferencing DB:

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

29/9/2020

1. Heard.

2. The trial Court has acquitted the accused of the charges under Sections 376 (K) of the IPC vide judgment dated 2.1.2020 passed in Sessions Case No.12/2018 by the Additional Sessions Judge (FTC), Kabirdham (CG).

3. The prosecutrix, aged about 40 years, was working in a Private

CRMP No. 1010 of 2020 LPG Dealership. She got acquainted with the accused in February 2017 through facebook, where-after, the accused used to meet her at Kawardha and they became good friends. The accused used to commit sexual intercourse with the prosecutrix on promise to marry and later on, started blackmailing her. However, the FIR was lodged in March 2018. In her deposition, she has narrated in detail as to their frequent meetings, visiting several places including resort and Bhoramdev Temple. Thus, the prosecutrix, aged 40 years, entered into consensual relationship with the accused and the FIR was lodged after accused got engaged to some other girl on 4.12.2017.

4. Considering the evidence available on record particularly the statement of the prosecutrix, the present is not considered to be a fit case to grant leave to appeal.

5. Accordingly, the CRMP is dismissed.

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