State Of Chhattisgarh v. Sagar Bhuihar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1214 of 2020 • State Of Chhattisgarh Through The Police Station Kansabel, District Jashpur Chhattisgarh.

---- Petitioner

Versus

• Sagar Bhuihar S/o Late Narayan Bhuihar, Aged About 35 Years R/o Village Kukrel, Fittingpara, P.S. Kansabel, District Jashpur, CG. ---- Respondent • Mr. Ravish Verma, GA for the State.

D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board Per Manindra Mohan Shrivastava, J.

21.06.2021 Heard on prayer for grant of leave to appeal. Learned State counsel would argue that even though the prosecutrix has stated regarding she having subjected to rape by the appellant, learned trial Court has jumped to the conclusion of it being a case of consent only because there was no injuries found of the body of the prosecutrix ignoring that the prosecutrix has stated that she was assaulted and dragged in the night by the appellant. He would also submit that the Court has given undue weightage to the evidence of brother-in-law/Bodhsai (PW-1). We heard learned counsel for the State and perused the statements of the prosecutrix, other witnesses and the statements of trial Court.

searched for the prosecutrix in the night, she was seen in compromising situation with the accused for about 5 minutes at another place and thereafter she returned back home next day when she was scolded by this witness that she was indulging in illicit act, then only to save her face she lodged report in the police station.

In our considered view, the finding recorded by trial Court in the light of the aforesaid and other evidence does not appear to be perverse or suffering from patient illegality. Given the limited scope of interference against the judgment of acquittal, we do not consider present to be a fit case for grant of leave to appeal.

Accordingly, application is rejected.

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