Chattisgarh High Court
State Of Chhattisgarh vs Toman Mahilange on 3 December, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Cr.M.P. No.1051 of 2021
State of Chhattisgarh, Through: Police Station Saja, District Bemetara
(CG)
---- Applicant/State
Versus
Toman Mahilange, age 22 years, S/o. Late Manmohan Mahilange, R/o.
Village Mohtara, P.S. Saja, District Bemetara (CG)
---- Respondent
For Applicant/State: Mr.Sudeep Verma, Dy.Govt.Advocate
Hon'ble Shri Justice Sanjay K. Agrawal and
Hon'ble Shri Justice Arvind Singh Chandel
Order On Board
(03.12.2021)
Sanjay K. Agrawal, J.
1. The State has sought leave to appeal against the impugned
judgment of acquittal dated 19.3.2021, by which the respondent /
accused has been acquitted from charges under Sections 363,
366A, 376 and 506 Part-II of the IPC and Sections 5L/6 of the
Protection of Children from Sexual Offences Act, 2012.
2. Mr.Sudeep Verma, learned Deputy Government Advocate for the
applicant / State, would submit that the learned Fast Track Special
Judge constituted under POSCO Act, 2012, Bemetara is absolutely
unjustified in acquitting the respondent / accused from the
aforesaid offences by recording a finding which is perverse to
record. Therefore, leave deserves to be granted.
3. We have heard learned counsel for the applicant / State,
considered his submission and gone through the records filed
along with this petition.
4. Learned Special Judge has acquitted the respondent / accused
finding that the prosecutirx is not minor & she is major, particularly
taking into consideration the statement of the prosecutrix (PW-3)
holding that no sexual intercourse has been committed against her
wishes, she is major and she herself has left her parental house
on her own will and also holding that they have love-affairs and she
has written letters (Exs.D-1 to D-3) to the respondent / accused.
The finding recorded by the learned Special Judge holding the
prosecutrix to be major is the finding based on evidence available
on record, which is neither perverse nor contrary to record and it
cannot be held that the prosecutrix was minor on the date of
offence. Furthermore, statement of the prosecutrix would show that
she herself has left the company of her parents and stayed for two
days along with the respondent / accused. In para-13 of her
statement before the Court, she has clearly stated that she has
gone to the extent of pouring kerosene oil over her body in order to
stay with the respondent / accused. She has also categorically
stated that she was not forced to accompany by the respondent /
accused and the respondent / accused has not committed sexual
intercourse with her.
5. Taking into consideration the statement of the prosecutrix and other
evidence available on record, it cannot held that the findings
recorded by the learned Special Judge acquitting the respondent /
accused from aforesaid offences are perverse or contrary to
record. We do not find any reason to grant leave to appeal.
Accordingly, the application is rejected and consequently, acquittal
appeal is also dismissed.
Sd/- Sd/-
(Sanjay K. Agrawal) (Arvind Singh Chandel)
Judge Judge
B/-
HIGH COURT OF CHHATTISGARH AT BILASPUR
Criminal Appeal No.634 of 2012
Appellant Kamlesh Kumar
Versus
Respondent State of Chhattisgarh
(Head-note)
(English)
Direction issued to the Additional Chief Secretary,
Department of Home and the Director, State Judicial Forensic
Science Laboratory, Raipur for timely FSL examination of
seized articles and that to be brought on record well within
time.
(fgUnh)
tCr'kqnk oLrqvksa ds le; ij ,Q-,l-,y- ijh{k.k rFkk mls le; jgrs
ntZ djus gsrq vfrfjDr eq[; lfpo] x`g foHkkx rFkk funs'kd] jkT;
U;kf;d fof/k foKku iz;ksx'kkyk] jk;iqj dks funsZ'k tkjhA
