State Of Chhattisgarh vs Jhuna Ram
2021 Latest Caselaw 2145 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                      Order Sheet

                                  CRMP No. 854 of 2021

                 State of Chhattisgarh Versus Jhuna Ram & Others



03.09.2021         Heard Shri Lalit Jangde, learned counsel for the State on
             prayer for grant of leave to appeal.

                   Though, learned counsel would submit that the prosecution
             story of prosecutrix, who is minor, having been subjected to
             pregnant because of the sexual intercourse with the juvenile and
             there being miscarriage is proved from the evidence of Dr. Lata
             Goyal(PW-5), we find that the prosecutrix has not alleged and
             involved the respondents/accused in the alleged commission of

offence of causing miscarriage.

In cross-examination, it has been elicited that she had fallen down and sustained injury because of which she started bleeding and was taken to hospital. The evidence of Dr. Lata Goyal (PW-5), at the most, would prove that it was a case of miscarriage but to involve a person and punish for causing of miscarriage, the evidence is absent from the prosecution witnesses and, therefore, we do not find any patent illegality or perversity in the order of the Court below in acquitting the accused by giving him benefit of doubt. Therefore, there is no ground to interfere with the impugned judgment of earlier.

Accordingly, CRMP is dismissed.

                   Sd/-                                             Sd/-
             (Manindra Mohan Shrivastava)                     (Rajani Dubey)
                          Judge                                     Judge
  HL Sahu