Chattisgarh High Court
State Of Chhattisgarh vs Pintu Kumar @ Ashish Tanwar 9 ... on 18 November, 2019
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
1
CRMP No. 2467 of 2019
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 2467 of 2019
State Of Chhattisgarh Through Station House Officer, Police Station -
Bango, District - Korba Chhattisgarh.
---- Applicant
Versus
1. Pintu Kumar @ Ashish Tanwar S/o Ramayan Singh Tanwar Aged
About 23 Years R/o Matin, Police Station Bango, District - Korba
Chhattisgarh.
2. Tuleshwar Rajwade @ Sonu, S/o Kamla Prasad Rajwade, Aged
About 20 Years R/o Amatikara, Police Station Bango, District Korba
Chhattisgarh. ---- Respondents
For Applicant-State :- Shri Pawan Kesharwani, PL
Hon'ble Shri Justice Prashant Kumar Mishra &
Hon'ble Shri Justice Gautam Chourdiya
Order On Board
By
Prashant Kumar Mishra, J.
18/11/2019
1. On due consideration delay of 144 days in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01 of 2019 which is an application for condonation of delay occurred in filing of the instant Cr.M.P. is allowed.
2. The trial Court has acquitted the accused - Pintu Kumar @ Ashish 2 CRMP No. 2467 of 2019 Tanwar of the charges under Sections 366, 376, 506 Part II of the I.P.C. and has acquitted the accused - Tuleshwar Rajwade @ Sonu of the charges under Sections 366, 506 Part-II of the I.P.C.
3. The prosecutrix was more than 18 years of age on the date of incident i.e., 09.02.2016. On this date the accused and the prosecutrix eloped and performed marriage at Madwarani Temple. Photograph of the said marriage is available in the record.
4. The accused and the prosecutrix thereafter boarded a train at Janjgir Champa Railway Station and reached Meerut and thereafter to Hapur where they started working in a company and stayed at Hapur till the last week of March, 2016.
5. Father of the prosecutrix reached Hapur and brought her back to the village where her recovery memo was prepared on 31.03.2016 and the FIR was lodged on the same day.
6. Having seen the entire deposition of the prosecutrix, it clearly appears that she stayed with the accused as his wife for more than 1 ½ months and yet did not protest or offered resistance. She being more than 18 years of age, the trial Court has rightly acquitted the accused persons of the charges. No case for grant of leave to appeal is made out.
7. Accordingly, the Cr.M.P. deserves to be and is hereby dismissed.
SD/- SD/-
(Prashant Kumar Mishra) (Gautam Chourdiya)
Judge Judge
Ayushi