Madhya Pradesh High Court
Victim A vs Chandradatta Dwivedi on 27 September, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal, Avanindra Kumar Singh
NEUTRAL CITATION NO. 2025:MPHC-JBP:49862
1 CRA-4802-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
ON THE 27th OF SEPTEMBER, 2025
CRIMINAL APPEAL No. 4802 of 2025
VICTIM A
Versus
CHANDRADATTA DWIVEDI AND OTHERS
Appearance:
Shri Kamal Bhan Vishwakarma - Advocate for the appellant.
Shri Nitin Gupta - Government Advocate for the respondent
No.2/State.
ORDER
Per: Justice Vivek Agarwal This Criminal Appeal is filed under Section 372 of the Cr.P.C. by the appellant being aggrieved of the judgement dated 01.05.2025 passed by learned Sessions Judge, Sidhi in S.T. No. 94/2024, whereby learned trial Court has recorded a finding of acquittal against the respondent No.1 Chandradatta Dwivedi S/o Shri Keshavram Dwivedi for the charges under Section 376(2) (n) of IPC.
2. Learned counsel for the appellant submits that, as per the prosecution story, victim (PW-4) had given a written complaint at Women Police Station, Sidhi that she is resident of Village Barikotha. She is Post- graduate and accused Chandradatta Dwivedi is known to her since the year, Signature Not Verified Signed by: AMITABH RANJAN Signing time: 27-09-2025 19:26:55 NEUTRAL CITATION NO. 2025:MPHC-JBP:49862 2 CRA-4802-2025 2008. Accused is resident of neighboring village Phulwari. He is a Taxy Driver and used to visit her village alongwith passenger. For the last 10 years, she was residing with the accused as a husband and wife in a rented accommodation near State Bank Main Branch Sidhi. It is further submitted that, accused used to establish physical relationship on the false pretext of marriage. In the month of May, 2012 he had established relationship for the first time and on 26.02.2024 the physical relationship was established for the last time.
3. It is submitted that, since victim was being harassed and sexually exploited for long 12 years, report (Ex.P-9) was registered on the basis of written application (Ex.P-5). It is further submitted that Ex.P-5 was given on 07.05.2024 and FIR was registered on 07.05.2024 showing incident which had taken place from 01.05.2012 to 26.02.2024.
4. It is further submitted that, its a case of physical exploitation in the name of marriage and victim being innocent, finding of acquittal recorded by the trial Court deserves to be and be set-aside as long relationship of 12 years has left the victim high and dry in as much as today she has nobody to give her social acceptance. It is submitted that accused has deserted her whereas, parents and other family members of the victim have drawn distance from her and therefore, today she is living her life in social isolation and that life is of stigma.
5. Shri Nitin Gupta, learned Government Advocate for the respondent No.2/State submits that victim (PW-4) has herself admitted that written complaint (Ex.P-5 ) was dictated to her by the police officer Poonam Signature Not Verified Signed by: AMITABH RANJAN Signing time: 27-09-2025 19:26:55 NEUTRAL CITATION NO. 2025:MPHC-JBP:49862 3 CRA-4802-2025 Singh (PW-10). It is also recorded a finding that the report was not voluntarily. He submits that, there is delay of over 12 years. Victim is a post- graduate and mature woman. For 12 years, it cannot be said that she was lured into a physical relationship against her wish and without understanding the consequences.
6. After hearing learned counsel for the parties and going through the evidence of victim (PW-4), she has admitted in para-2 of her examination-in- chief that there was some consent on her part while establishing relationship as husband and wife. She has also admitted that for last 08 years she was residing as a wife of the accused in a room at Sidhi. In para-4 of her examination -in- chief, victim admitted that, physical relationship was established with her consent. In cross-examination, she admitted that they were residing as husband and wife. She has further admitted that, when accused had run away refusing to marry her, she lodged the report.
7. When, all these facts are taken into consideration, in the light of the judgment of Hon'ble Supreme Court in the case Pramod Suryabhan Pawar Vs. State of Maharashtra & another (2019)9 SCC 608, wherein it is held that "individual who makes a reasoned choice to act after evaluating various alternative actions (or inaction) as well as various possible consequences flowing from such action or inaction, consents to such action". Therefore, it is evident that, when there was a tacit consent of the victim, then in the light of the judgment of Supreme Court in the case of Pramod Suryabhan Pawar (supra), it cannot be said that there was any coercion or false promise to marry, resulting in her submission to the relationship that Signature Not Verified Signed by: AMITABH RANJAN Signing time: 27-09-2025 19:26:55 NEUTRAL CITATION NO. 2025:MPHC-JBP:49862 4 CRA-4802-2025 too for a long duration of 12 years as admitted by her.
8. Hon'ble Supreme Court in the case of Jaspal Singh Kaural Vs. State of NCT of Delhi & another 2025 SCC OnLine SC 742, in para-22 has noted that, "in that case, prosecutrix continue to live in relationship at least for about 04 to 05 years, till she give complaint in the year, 2015". Even if the allegation made by her in her deposition before the Court, are taken on their face value, then also to construe such allegations as "rape" by the appellant, would be stretching the case too far.
9. When the facts of the present case are examined and tested on the touch stone of the law laid by Hon'ble Court in the case of Jaspal Singh Kaural (supra) so also in the light of Pramod Suryabhan Pawar the judgment of acquittal cannot be faulted with.
10. Even otherwise, law is very clear as laid down in the case of Chandrappa & Ors. Vs. State of Karnataka (2007)4 SCC 415 , that in the case of acquittal, even if two view are possible and the trial Court has taken particular view, then without there being compelling reasons to show that the said view taken by the trial Court is totally perverse, no indulgence should be shown by the appellate Court.
11. When, this aspect is taken into consideration, then in the light of the judgment of the Hon'ble Court int he case of Pramod Suryabhan Pawar (supra) as well as Jaspal Singh Kaural (Supra) and in the case of Chandrappa & Ors. (supra) we do not find any material to show indulgence to entertain this appeal.
12. Accordingly, this Criminal Appeal against acquittal fails and is Signature Not Verified Signed by: AMITABH RANJAN Signing time: 27-09-2025 19:26:55 NEUTRAL CITATION NO. 2025:MPHC-JBP:49862 5 CRA-4802-2025 dismissed.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
AR
Signature Not Verified
Signed by: AMITABH
RANJAN
Signing time: 27-09-2025
19:26:55