State Of Chhattisgarh v. Leeladas Chelak
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1465 of 2020 • State Of Chhattisgarh Through Station House Officer, Police Station Dongargaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Petitioner
Versus
1. Leeladas Chelak S/o Late Sonau Ram Chelak, Aged About 29 Years R/o Village Maargaon, Police Station Dongargaon, District : Rajnandgaon, Chhattisgarh
2. Dwarka Ratre, S/o Shri Sheetal Ratre, Aged About 19 Years R/o Village Nathun Nawagaon, Police Outpost Tumdibod, District : Rajnandgaon, Chhattisgarh --- Respondents For Petitioner/State :
Mr. K.K. Singh, G.A.
DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 17/12/2020 Heard.
1. Even if we were inclined to condone the delay after hearing learned State Counsel, in our considered opinion, there is no merit in the present case.
2. Learned State Counsel would argue that even though the prosecutrix has stated regarding commission of rape by stating that the respondent-accused committed sexual intercourse against her wishes and without her consent, accused has been wrongly acquitted.
3. After going through the impugned judgment, particularly statement of the prosecutrix, we find that the trial Court has arrived at a finding that it being a case of possible consent, taking into consideration the prosecutrix's own statement in the Court that she admits that she had gone along with the accused in the motorcycle to station and then from there, gone to Nagpur and stayed with accused for 19 days. The learned trial Court has relied upon evidence in the form of photographs where the accused and the prosecutrix are seen in happy gesture and the prosecutrix is seen with vermilion on her
forehead. Considering the aforesaid evidence on the record, the view taken by the learned trial Court does not suffer from any perversity or patent illegality so as to warrant interference against the judgment of acquittal. Given limited scope of inference, we are not inclined to grant leave to appeal. Therefore, the application is rejected.
4. Accordingly, CRMP is dismissed.
Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Ravi