X Y Z vs State Of Cg
2021 Latest Caselaw 1445 Chatt

                                                                    NAFR

          HIGH COURT OF CHHATTISGARH, BILASPUR
                             ACQA No. 155 of 2021
      X Y Z Nill
                                                           ---- Petitioner
                                   Versus
     1. State Of Cg Through Station House Officer, Sarsiva, District
        Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-
        Bhathapara, Chhattisgarh
     2. Trilochan Prasad Lahre S/o Terasram Lahre Aged About 29
        Years R/o Sohagpur , Chauki Beladula, Police Station Sarsiva,
        District Baloda Bazar Bhatapara Chhattisgarh., District :
        Balodabazar-Bhathapara, Chhattisgarh        --- Respondents


For the Appellant :-          Ms. Sareena Khan, Adv.
For State/ Res.No.1 :-        Mr. Lalit Jagnde, Dy. GA.


        Hon'ble Shri Justice Manindra Mohan Shrivastava
           Hon'ble Smt. Justice Vimla Singh Kapoor,

     Order on Board by Justice Manindra Mohan Shrivastava, J.

29.07.2021 Heard.

This appeal has been filed after the delay of more than 3 years.

3. Learned counsel for the appellant would argue that the accused

developed love affair and kept the prosecutrix with him in his house and

committed rape stating that he would marry her but later on after the

child was born, she was denounced by the accused and he did not

solemnize marriage therefore, this is a case of obtaining consent on

false pretext of marriage.

4. After going through the impugned judgment we find that the

learned Court below has acquitted the accused taking into

consideration that the prosecutrix was entangled with the accused

since two months prior to 22.04.2014 and stayed with him in his house

for about one year and there she was knowing about the accused

already married and when the first wife came back the dispute arose.

When accused assured that he would first get divorced from the first

wife which she is likely to take sometime, the prosecutrix came back to

her parental house and then report was lodged.

5. Even though the DNA test shows that the child was out of the

relationship of the prosecutrix with the accused, it is clear from the

impugned judgment that the entire facts were fully known to the

prosecutrix and she stayed with accused like his wife though she was

not legally marriage for a very long time for being more than one year.

In these admitted circumstances finding of the Court below that it is not

a case of commission of offence of rape does not appear to be

suffering from any patent illegality or perversity therefore, no case is

made out.

Accordingly, appeal is dismissed.

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