STATE OF CHHATTISGARH Vs. VIKASH KHALKHO

JUDGEMENT

(1.) On due consideration delay of 333 days in filing of the instant Cr.M.P. is condoned. Accordingly, I.A. No. 01 of 2019 which is an application for condonation of delay in filing of instant Cr.M.P. is allowed.

(2.) The trial Court has acquitted the accused of the charges under Sections 450, 376(1), 506, 323 of I.P.C. and Section 25 (1-)() of the Arms Act, 1959.

(3.) Prosecutrix, a married lady aged about 36 years happens to be the Sister-in-law (Bhabhi) of the accused, her husband Vimal Khalkho (PW-3) being the cousin of the accused. The prosecutrix alleged commission of forcible sexual intercourse on criminal intimidation and causing injuries by means of a knife. Although, prosecutrix has supported the case of prosecution but in the statement of the prosecutrix and her husband Vimal Khalkho (PW-3) there are material contradictions, therefore, the trial Court has minutely and elaborately discussed the evidence to highlight that at the time of incident sister of the prosecutrix was bathing at a distance of about 20-25 meters ; her mother and brother-in- law (Jija) were also available in the house; the doors of the house were open; the incident has taken place at about 3 P.M. i.e. in broad day light and despite all these circumstances, the prosecutrix did not resist or raised alarm at the time of alleged sexual intercourse. It is also highlighted that on the date of incident prosecutrix paid Rs.100/- to the accused for bringing sleeper for herself. The accused was otherwise working in the house of the prosecutrix in connection with construction of house under the Pradhan Mantri Awas Yojna. Thus, the accused was frequenting the house of the prosecutrix firstly he being close relative of the prosecutrix and secondly in connection with the construction work in which he was engaged in the house of the prosecutrix. There is evidence to the effect that husband of the prosecutrix and father of the accused are not in good terms. Immediately after the incident, Panchayat meeting was convened in which the villagers opined that the prosecutrix has lodged false FIR and she was suggested not to precipitate the matter.