Ku. Neetu Tirkey vs State Of Chhattisgarh
2021 Latest Caselaw 1114 Chatt

                                                       1

                                                                                              NAFR

                           HIGH COURT OF CHHATTISGARH, BILASPUR

                                               ACQA No. 128 of 2020

              • Ku. Neetu Tirkey D/o Roojbel Tirkey Aged About 32 Years Resident Of Village
                Baramkela, Present Address Village Puranga, Police Station Chhal, District Raigarh
                Chhattisgarh

                                                                                        ---- Appellant

                                                   Versus

              1. State Of Chhattisgarh Through- Station House Officer, Police Station Chhal, District
                 Raigarh Chhattisgarh

              2. Gopal Choukse S/o Shri Jagdish Choukse Aged About 25 Years Resident Of
                 Village- Sithara, Bandhara, Police Station- Dharamjaigarh, District- Raigarh
                 Chhattisgarh

                                                                                     ---- Respondent

For Appellant : Shri S.V. Purohit, Advocate For State : Shri Lalit Jangde, Dy.G.A.

D.B.:- Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor

Order On Board

13/07/2021

Heard on admission.

Learned counsel for the appellant would argue that even though the prosecutrix (PW1) has stated in her evidence regarding she being subjected to rape repeatedly for a long period against her wishes, learned Court below has acquitted the respondent / accused by giving benefit of doubt.

2. We have gone through the impugned judgment and evidence on record.

3. Learned Court below has taken into consideration the material omission in the case diary statement, age of the prosecutrix, very long standing relationship between the prosecutrix and the accused and lack of proper evidence with regard to case of the prosecutrix of there being no free consent. Scope of interference with the judgment of acquittal is limited. Therefore, this appeal has no merit and is accordingly dismissed.

                               Sd/-                                          Sd/-

                  (Manindra Mohan Shrivastava)                     (Vimla Singh Kapoor)
                            Judge                                          Judge

Deepti