Nafr High Court
Case Details
1 2025:CGHC:9404-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3427 of 2024 State of Chhattisgarh Through- District Magistrate, District-Surajpur (C.G.) versus ... Applicant Rishi Goswami S/o Shri Gorakhnath Goswami, Aged About 30 Years Caste-Goswami, R/o Village-Badsara, Police Station-Bhaiyathan, District-Surajpur (C.G.) (Cause-title taken from Case Information System) ... Respondent For Applicant/State : Mr. Sangharh Pandey, Govt. Advocate ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.02.24 18:05:05 +0530
Legal Reasoning
Hon'ble Shri Ramesh Sinha, Shri Ravindra Kumar Agrawal, Chief Justice Judge Hon'ble
Decision
Order on Board Per Ramesh Sinha , Chief Justice 2 4 .0 2 .202 5 1. I.A. No. 01 of 2024, is an application for condonation of delay of 287 days in filing the appeal. 2. As the cause shown in the application is found to be sufficient, the same allowed. Delay in filing the application is hereby condoned. 3. The State has sought leave to appeal against the impugned judgment of acquittal dated 22.11.2023 passed by the learned 2 Additional Sessions Judge, (Fast Track Court), Surajpur District Surajpur (C.G) in Sessions Trial No. 82/2022 by which, the respondents/accused have been acquitted of the charges punishable under Section 323, 506 Part-II & 376(1) of the Indian Penal Code. 4. The prosecution case in brief is that on 07.06.2022, the complainant/victim lodged a report at the Odgi police station that she works in networking in the R-Way Company. She got acquainted with the accused Rishi Goswami through Facebook. On 06.06.2022, at around 2:00 pm, the accused came to her village and told her over the phone that he would also join her Company and get four more people to join. After that, he took the victim on his bike to Bhaiyathan, where he did some work at the State Bank. After this, he said that four more people would join in Karri, let's go to Karri, then she sat on his motorcycle and went to Karri. In Karri, they went to Sukul's house who was not at home. After this, they went to Anmol's house, she was showing the plan there and the accused Rishi was drinking alcohol. From there both of them were returning to their home on motorcycle and when they reached near Karri jungle at around 7:30 pm, the accused took her mobile and took his bike from the road towards the jungle. The accused started removing the clothes of the victim. When she refused, he threatened to kill her and started beating her with his fists. He forcibly threw the victim down and removed her clothes, pyjamas and panties and raped her. The 3 victim somehow ran away and was in Karri jungle the whole night. In the morning, she came to Dharsedi village and asked for mobile from Lalsai Singh and talked to her home and told her brother and father about the entire incident. On the basis of the complainant's report, First Information Report (FIR) Ex.P-01 has been registered against the accused. 5. After filing the First Information Report, the investigation was started. During the investigation, the written statement of the complainant/victim was recorded before the Judicial Magistrate First Class, Surajpur, which is Ex.P-04. During the investigation, a site map was prepared, which is Ex.P-03. The consent of the victim's father and the victim was obtained for the examination of the victim's private parts, which is Ex.P-02. On the basis of the victim's consent, her private parts were examined by a doctor. The memo sent for examination is Ex.P-14 and the report given by the doctor after the examination is Ex.P-14A. After the examination, the vaginal slide prepared by the doctor was seized. The seizure sheet is Ex.P-09. The memorandum statement of the accused was recorded, which is Ex.P-06. On the basis of the above memorandum statement, a Bajaj motor cycle number-CG-29-AD- 6254 and a Realme company mobile with two SIMs were seized from the possession of the accused vide Ex.P-07. As per the statement of the victim, the victim's slippers, one ear top, a brown colored purse containing Rs. 200/- 100/- 50/- rupees, total Rs.350/- cash and the complainant’s R-Way company ID card 4 were seized from the scene of the incident vide Ex.P-08. Similarly, the undergarment worn by the accused Rishi Goswami at the time of the incident was seized in a sealed packet vide Ex.P-12. 6. As per the instructions of Tehsildar, Patwari prepared the spot map vide Ex.P-18 and Panchnama vide Ex.P-05. A memo was sent to the Joint Director, Regional Forensic Science Laboratory, Surguja Ambikapur (CG) for providing the chemical test report of the seized items, i.e. the slide of the victim's private parts in a sealed packet, UPT kit, underwear and the accused's underwear. The said memo is Ex.P-15A. The chemical test report received from the Joint Director, Regional Forensic Science Laboratory, Surguja Ambikapur (CG) is Ex.P-15. During the investigation, the statements of the witnesses were recorded. The accused was arrested on finding prima facie evidence of crime against him, the arrest sheet is Ex.P-10. After complete investigation, the charge sheet under Sections 376, 323, 506 IPC was presented in the Court of Judicial Magistrate, First Class, Surajpur, from where the case, after due surrender, was received by the Court of Additional Sessions Judge (Fast Track Court), Surajpur for disposal from the Court of Sessions Judge, Surajpur on 07.09.2022. 7. The accused has denied the charges levelled against him under Sections 323, 506 (Part II), 376 (1) of the Indian Penal Code and in his defence he has stated that he is innocent and has been falsely implicated in the case. No defence evidence has been presented on behalf of the accused in the case. 5 8. In order to prove its case, the prosecution examined as many as 16 witnesses and exhibited 24 documents in its favour. 9. After appreciating the evidences on record, the learned trial Court did not believe the evidence proving guilt of the accused respondent, and therefore, acquitted the accused respondent from the offence charged vide impugned judgment dated 22.11.2023 hence, present Criminal Miscellaneous Petition has been filed seeking leave to appeal. 10. It has been argued by Mr. Sangharsh Pandey, learned Govt. Advocate, appearing for the applicant/State that though the victim is major girl, but her statement goes to show that she works in networking in the R-Way Company and came in contact with the accused through facebook, who wishes to join the said Company, came to meet her and on the date of incident, after showing plan to certain candidates, while they were returning in a bike through Karri jungle, the accused took her mobile and took his bike from the road towards the jungle started removing the clothes of the victim and when she refused, he threatened to kill her and started beating her with his fists over her face and with kicks over her leg and also pressed her neck and he forcibly threw the victim down and removed her clothes, pyjamas and panties and raped her. He further submitted that as per MLC report (Ex.P-14A), there were multiple abrasions over the face, neck, right shoulder and both knee joints of the victim and as per the FSL report (Ex.P15), semen stains and human sperm were found on the vaginal slides 6 of the victim (A1) as well as on the undergarment of the victim (C). He also submitted that the learned trial Court without considering all these aspects has wrongly acquitted the accused/respondent against the charges framed against him holding that as the victim is major lady and is a consenting party, which is perverse and contrary to the law and as such, the leave to appeal deserves to be granted. 11. Considering the facts and circumstances of the case, particularly, the evidence of the victim, though she is a major girl, but in her statement, she has made specific allegation against the accused that while returning in a bike through Karri jungle, the accused took her mobile and started removing the clothes of the victim and when she refused, he threatened to kill her and started beating her with his fists over her face and with kicks over her leg and also pressed her neck and he forcibly threw the victim down and removed her clothes and raped her against her will, and the same is duly corroborated as per MLC report (Ex.P-14A) and FSL report (Ex.P15), therefore, we are of the considered opinion that the present is a fit case to allow application under Section 378(3) of the CrPC. 12. Accordingly, the application for leave to appeal under Section 419(3) of Bhartiya Nagarik Suraksha Sanhita, 2023 is allowed. Office is directed to register the case under the head of “Acquittal Appeal”. Consequently, the CrMP stands disposed of. 13. The acquittal appeal also stand admitted. 7 14. Let a bailable warrant for a sum of Rs.5,000/- be issued against the accused / respondent Rishi Goswami for his presence before this Court on 27th March, 2025. Notice be served to accused/respondent through concerned Chief Judicial Magistrate. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra