State Of Chhattisgarh v. Lokesh Kumar Yadav

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1111 of 2020 • State of Chhattisgarh Through Police Station Chilhati, District Rajnandgaon Chhattisgarh.

---- Appellant

Versus

• Lokesh Kumar Yadav S/o Late Prabhuram Yadav Aged About 23 Years R/o Village Mohla Ward No. 1, Telitola, Police Station Mohla, District Rajnandgaon Chhattisgarh.

---- Respondent ______________________________________________________________ For Appellant/State :

Shri Lalit Jangde, Deputy Government Advocate For Respondent :

None D.B. : Hon'ble Mr. Justice, Manindra Mohan Shrivastava & Hon'ble Mrs. Justice Vimla Singh Kapoor Order on Board Per, Manindra Mohan Shrivastava, J.

09.08.2021 1.

Heard on prayer for grant of leave to appeal. 2.

Though learned State Counsel would submit that statement of the prosecutrix shows that her consent for sexual act was obtained on false pretext of marriage, we have gone through the statement of the prosecutrix and also the finding recorded by the learned Trial Court. 3.

The learned Trial Court, taking into consideration various judicial pronouncements and the evidence on record, particularly, taking into consideration that the parties had a long standing relationship for about two years and the prosecutrix was knowing that marriage between them was not permissible under their caste system, acquittal has been ordered.

4.

The view taken by the learned Trial Court cannot be said to be either perverse or suffering from patent illegality. Mere possibility of another view could not be made a ground for grant of leave to appeal, giving limited scope of interference against judgment of acquittal, therefore, no scope.

5.

Accordingly, this petition stands dismissed.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Chandra