State Of Chhattisgarh vs Praveen Kumar Sahu

Sanjay S. Agrawal, J

This appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dated 20.03.2020, passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Rajnandgaon (CG) in Special Case No.04/2018, whereby, the respondent- Praveen Kumar Sahu, has been acquitted with regard to the offence punishable under Sections 450, 376(2) and 420 of IPC read with Section (3)(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to the prosecution, a written report (Ex.P-6) was lodged by the prosecutrix on 17.01.2017, before the Police Station, Dongargarh, District- Rajnandgaon, alleging therein, that there was a love affair of her with the respondent, who while alluring her on the pretext of marriage, made the physical relations with her. Further of her allegation was that after obtaining the ATM card from her, he has withdrawn a sum of Rs.2,00,000/- (Rs.Two lacs) from her Bank account fraudulently. Based upon the alleged allegations, the respondent has been charge-sheeted for the offence mentioned herein-above.

In order to establish the alleged allegations, the prosecutrix was examined as PW-6 and from a bare perusal of her statement, would show that she visited along with him at various places and the alleged relations of her with the respondent was not disclosed to her parents. Further of her testimony, as revealed from para 5, would reveal the fact that the respondent has refused to marry her in the year 2016 as she belongs to a lower caste category, yet the report was not lodged by her immediately thereafter, and instead, it was lodged only in the year 2017, i.e. on 17.01.2017 even without any plausible reason for it. In view thereof, it cannot be said that the respondent while alluring her, has made the alleged physical relations and, rather it appears that the alleged relation of her was made with him on her own consent.

Insofar as the allegation of withdrawal of an amount of Rs.2,00,000/-from her Bank account is concerned, it appears from a bare perusal of the statement of Alok Kumar (PW-9), a Senior Manager of the Dena Bank, Dongargarh that, the Statement of her Bank account for the concerned period, commencing with effect from 20.05.2014 upto 17.10.2016, was furnished but, where the alleged amount of Rs.2,00,000/- was, however, not found to be there in lump sum (Ekmusht), nor any report was received by the Bank regarding the withdrawal of the alleged amount by the respondent fraudulently. It is to be seen further, as reflected from para 22 of her (PW-6) statement that, the prosecutrix herself has withdrawn the amount on various occasions from her account for purchasing Scooty, mobile phone, educational purposes of her siblings and also for purchasing the house. In view of such circumstances, it cannot be said that the alleged amount of Rs.2,00,000/- was withdrawn by the respondent from her account fraudulently, as alleged by her and, after considering these material facts, the trial Court has, therefore, not committed any illegality in acquitting the respondent from the commission of the alleged crime.

The appeal being devoid of merit is, accordingly, dismissed at the admission stage itself.