Chattisgarh High Court
State Of Chhattisgarh vs Sugrinag @ Sugri Yadav on 25 June, 2024
Author: Ramesh Sinha
Bench: Ramesh Sinha
Neutral Citation
2024:CGHC:21386-DB
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1084 of 2024
State Of Chhattisgarh Through - Station House Officer, Police Station -
Bori,district - Durg (C.G.)
---- Petitioner
Versus
1. Sugrinag @ Sugri Yadav S/o Gunasagar Nag, Aged About 21 Years R/o
- Khasmuda Thalka, Post - Desil, Police Station - Titlagarh, District -
Balangir (Orissa) Present R/o Tarak Verma's House, Village - Pavantara,
Police Station - Khairagarh, Distt.- Rajandgaon (C.G.)
2. Harishankar Sahu S/o Kartik Ram Sahu Aged About 22 Years R/o
Hasda Shubhash Chowk, Post - Litiya , Semriya, Police Station - Bori,
District - Durg (C.G.)
---- Respondents
(Cause-title taken from Case Information System)
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For the Petitioner/State : Mr. Shashank Thakur, Dy.A.G.
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Hon'ble Mr. Ramesh Sinha, Chief Justice
Hon'ble Mr. Sachin Singh Rajput, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
25.06.2024
1. The State has sought leave to appeal against the impugned
judgment of acquittal dated 22/05/2023 passed by the Additional
Sessions Judge (FTC), Durg, District - Durg (C.G) in Sessions Trial No.
22/2021 whereby, the respondent No.1/accused - Sugrinag @ Sugri
Yadav has been acquitted from the charges punishable under Sections
419, 376 (1) and 506 (2) of the Indian Penal Code and respondent No.2 /
Neutral Citation
2024:CGHC:21386-DB
accused - Harishankar Sahu has been acquitted from the charges
punishable under Sections 419 of Indian Penal Code (for short, the IPC)
on the ground that the prosecution has failed to prove the case beyond
reasonable doubt.
2. The prosecution story, in brief, is that a written complaint against the
accused/respondents was filed by the complainant that on 16/04/2020,
that respondent No.1- Sugri Lal, on the pretext of being a police officer
fraudulently induced the complainant / victim to go to police station and
took her to a lonely place and committed rape on her and also
threatened her to kill if she discloses the incident to anyone. The
complaint against respondent No.2 - Harishankar Sahu is that he stood
by respondent No.1 in committing the said crime.
3. It has been argued by Mr. Shashank Thakur, Dy.A.G., appearing for
the petitioner/State that though there are ample evidence with regard to
the complaint of the victim that she was being sexually exploited by
accused / respondent No.1 and accused/ respondent No.2 also
impersonated himself as a police officer in committing the said crime and
also that FSL report is positive, the trial Court acquitted the
respondents/accused against the charges framed against them, which is
perverse and contrary to the law and as such, the leave to appeal
deserves to be granted.
Neutral Citation
2024:CGHC:21386-DB
4. Considering the facts and circumstances of the case, particularly, the
fact that the victim was being sexually exploited by the respondent No.1 /
accused which was supported by respondent No.2, we are of the
considered opinion that present is a fit case where application under
Section 378(3) of the CrPC deserves to be allowed. Accordingly, the
application for leave to appeal under Section 378(3) of the CrPC is
allowed.
5. The CrMP is disposed of accordingly.
6. Office is directed to register the case under the head of "Acquittal
Appeal".
7. The acquittal appeal also stand admitted.
8. Let a bailable warrant of a sum of Rs.5,000/- be issued against each of
the respondents / accused for their presence before this Court on
05/08/2024 through concerned Chief Judicial Magistrate.
Sd/- Sd/-
(Sachin Singh Rajput) (Ramesh Sinha)
Judge Chief Justice
Deepti
