Nirupa Minj v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet CRMP No. 561 of 2016 Nirupa Minj Versus State Of Chhattisgarh a 07/07/2016 Shri Sandeep Dubey, Advocate for the applicant. Shri Ravindra Agrawal, PL for the State/respondent No.1. The victim of the crime is before this Court to challenge the judgment of acquittal passed by the Special Judge (S.C.S.T. Act) Korba, acquitting non-applicant No.2 Chandra Prakash @ Banti Shriwas under Section 376(1), 506 Part-II, 294 and under Section 3(2)(V) of the S.C.S.T. Act, 1989 and non-applicant No.3 Alok Bada under Section 376(1) read with Section 109, 506 Part-II, 294 and under Section 3(2)(V) of the S.C.S.T. Act from the charges.

Although the prosecutrix is more than 18 years of age, however, considering her statement it could appear that she was subjected to coersion and black mailing to continue to have sexual relation with non-applicant No.2 Chandra Prakash @ Banti Shriwas.

Considering the evidence available on record, this application seeking leave to appeal deserves to be allowed. Accordingly, this CRMP is allowed.

Notice of the acquittal appeal be issued to the respondents, as per rules.

Record of the trial Court be requisitioned.

IA No.1, application for appropriate direction & calling the records is disposed of.

Sd/- Sd/- (Prashant Kumar Mishra) (Chandra Bhushan Bajpai) Judge Judge Nisha

Nisha Nisha