State Of Chhattisgarh v. Granth Das

CRMP No. 201 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 201 of 2020 • State Of Chhattisgarh Through Police Station Jaijaipur, District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

• Granth Das S/o Shri Bhagwat Das Panika Aged About 32 Years R/o Village Secl, Rampur, Kaliyari, Police Station Rampur, District Jharsugda Odisha.

---- Respondent For Applicant-State :- Shri K.K. Singh, G.A.

Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Order On Board By Prashant Kumar Mishra, J.

28/01/2020

1. On due consideration delay of 100 days occurred in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01/2020, for condonation of delay is allowed.

2. The trial Court has acquitted the accused of the charges under Sections 376 and 506 Part-II of the I.P.C.

CRMP No. 201 of 2020

3. Prosecutrix aged about 35 years was working as a Peon in the same school where accused was a teacher. On 17.12.2017, the prosecutrix had gone to the school. When she was returning, the accused called her to his house and committed forcible sexual intercourse. At this point of time her husband saw her bicycle parked near the house of the accused. He entered the house of the accused and found them in compromising position.

4. Considering the fact that the FIR was delayed by about 03 days and there is no satisfactory explanation for the delay and otherwise it appears to be the case of consent, we are not inclined to grant leave to appeal against acquittal.

5. Accordingly, the Cr.M.P deserves to be and is hereby dismissed.

SD/- SD/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ayushi