HIGH COURTOFCHHATTISGARH.BILASPUR Acauittal Appeal No.a)/2011 APPELLANT RESPONDENTS (Accused) •^' Ws 1 5. 6 7 Roshani D/o Shri Dhruw aged about 20 years, R/o Chittarpara, Purani Basti, Janjgir, District Janjgir Champa (CG) State of Chhattisgarh through Police Station Janjgir, District •Jan^ir Champa (CG) Pradeep Rathore S/o Shiv ShankaR Rathore, E®edabout 26 years " Shiv Shankar Prasad Rattiore, Slo late Chhedilal Rathore, aged about 58 years , Sandeep Kumar, s/o Shw Shankar Prasad Rathore @ Sonu Rathore, aged about 32 years, Giri Lal, s/o Firit Ram Patel @ Cltiota aged about 28 years Ameer Singh s/o Firit Ram Patel, ag«l about 36 years. Mandakani w/o Sandeep Rathore, aged about 26years, Respondent No. 3 to 5 are resident of Near the Shiv Mandir, Chandniyapara, Janjgir Ward No. 7, Janjgir, Police Station Janjgir, District Janjgir Champa (CG) Res. No. 2,3,6 & 7 are resident of behind the old Collector Offlce Chandniyapara, Janjgir Police Station Janjgir District Janjgir Champa (CG) Appearance: Shri Punit Ruparel, counse! for <fee appetlant. Shri D.K.Gwalre, respondents. Government Advocate for the State/ ^.. ^^S&M-.I.-.;;^. °";<^A''% BSSis.. ^.^E^SV ^ ^ J ^B^^ ^' Division Bench:- Hon'ble Shri T.P. Sharma & Hon'ble Shri R.L.Jhanwar.JJ ORALORDER (20.6.2011) T.P.Sharma, J. This is an appeal against the judgment of acquittal dated 22.2.2011, passed by the Sessions Judge, Janjgir, Janjgtr Chamfa in ST No.79/2010 acquitting respondente No. 2 to 7 from the charge of commission of different offences inctuding the offence under Section 506 Part 1 of the and Sections 342, 376 read with Section 109/34 of the IPC. We have heard teamed counsel for the parties at length and perused thejudgment impugned and record otttie Court below. As per case of prosecution, appellant No.2 herein -Pradeep (No.1 before the Court below) and others had committed rape with the prosecutrix- Roshani Kumar Rathore (PW-7) and alsb threatened her. She lodged the report. in her statement she has categoricalty stated that she.was having love affair with Pradeep and previously Pradeep has comnaitted intereourse with her so many times. Even on account of love affair Pradeep has committed intereourse Sahavas before last six month. She has specifically stated in para9 of her examinatton in chief that any of the accused has not committed any offence against her. Prosecution has not collected any other evidence and there is contradiction in the statement of the prosecutrix. In absence of any evidence against respondents No. 2 to 7,. no option except to acquK respondents No. 2 to 7 was left to the trial Court. Trial Court has rightty acquitted respondents No. 2 to 7. We do not find any prima facie material for entertaining ttie petition. Consequently, the appeal is liable to be dismissed and it is hereby dismissed. ——~- ^' Sd/- T.P. Sharma Judge Sd/- R.L. Jhanwar Judge