Smt. Sonam @ Joyti Tiwari Vs State of Chhattisgarh
Criminal Appeal No. 1062, 962, 980, 1137 and 1045 of 2018
25.11.2019
Hon’ble Shri Justice Arvind Singh Chandel
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989-Sec.3 (1)( xii)
I.P.C.- Sec.109, 506, 365, 343 & 366
Protection of Children from Sexual Offence Act, 2012- Sec.4
Attendance of the prosecutrix in the attendance register of hostel was for the whole month – Statement that she remained outside with the accused is not believable – Prosecutrix has also not made complaint about sexual intercourse to anyone – Conviction cannot be upheld.
Criminal Appeal No. 1062, 962, 980, 1137 and 1045 of 2018
25.11.2019
Hon’ble Shri Justice Arvind Singh Chandel
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989-Sec.3 (1)( xii)
I.P.C.- Sec.109, 506, 365, 343 & 366
Protection of Children from Sexual Offence Act, 2012- Sec.4
Attendance of the prosecutrix in the attendance register of hostel was for the whole month – Statement that she remained outside with the accused is not believable – Prosecutrix has also not made complaint about sexual intercourse to anyone – Conviction cannot be upheld.
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