RAJEEV KUMAR SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard Ms. Fouzia Mirza, learned Senior Advocate assisted by Mr. Navin Shukla, learned counsel appearing for the applicant. Also heard Ms. Monika Thakur, learned Panel Lawyer, appearing for the respondent No.1/State as well as Mr. Prabhat Kumar Saxena, learned counsel, appearing for the respondent No.2.

(2.) The applicant has filed this criminal revision against the order dtd. 3/7/2021 passed by learned Additional Sessions Judge F.T.C., District - Raigarh, (C.G.) in Session Trial No. 37/2021, whereby the charge under Sec. 376 of the Indian Penal Code was framed against the applicant.

(3.) According to the prosecution's case, the victim, a housewife residing in Bilaspur and originally from West Bengal, lodged a report on 3/3/2020, at Police Station Chakradhar Nagar, District Raigarh stating inter-alia that after her marriage, she moved to Bilaspur and lived with her husband. While working at an NGO office, she became acquainted with the applicant, who would visit Bilaspur and engage in conversation with her. He allegedly claimed that her husband was a drunkard who did not care for her and promised to keep her as his wife. Under this pretext, he rented a separate house for her and sexually abused her since 2008. The victim later moved to Raigarh with her children and lived with the applicant, who continued to sexually abuse her under the promise of marriage, which he never fulfilled. On 11/11/2019, the applicant told her that he had to go to Raipur for a week but did not return. The victim alleged that the victim, claiming his wife was dead, raped her under the false promise of marriage.