Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:2754
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 209 of 2022 Manoj Kumar Sharma S/o Balmukund Sharma Aged About 45 Years R/o Umariya Camp Imambada Ke Paas, Bank Of Badoda Ke Samne, Ward No. 11 Umariya, Police Station Umariya, Tahsil Bandhavgarh, District Umariya, Madhya Pradesh.
... Applicant versus State Of Chhattisgarh Through Police Station Ajak Korba, District Korba, Chhattisgarh.
---- Respondent For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Respondent : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 16.01.2026
1. Heard Mr. Vikas Kumar Pandey, learned counsel for the applicant. Also heard Ms. Vaishali Mahilong, learned Deputy Government Advocate appearing for the respondent/State.
2. This Criminal Revision is being aggrieved of the order dated 21.12.2021 passed by the learned Special Judge, SC & ST (P.A.) Act, Korba, District – Korba (C.G.) in Special Criminal Case No. 51/2019, whereby the learned trial Court framed the charges against the applicant under Sections 417, 420 and 376(2)(n) of IPC, and Section Section 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Hence, the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 applicant preferred this Criminal Revision.
3. The facts, in brief, is that on 25/04/2019 the complainant/victim filed a written complaint against the applicant stated categorically that the applicant has interacted through social media with the complainant in the month of October, 2015 thereafter repeated telephonic conversation between the applicant and complainant was going on thereafter friendship was developed between them, and the accused has committed sexual intercourse with the victim on the pretext of marriage. On the basis of the written complaint by the complainant the police has lodged FIR on dated 28/07/2019 under section 376 of IPC and under Section 3(2)(v) of SC & ST (P.A.) Act against the applicant. Thereafter Judicial Magistrate First Class Korba has recorded 164 CrPC statement of the complainant on the basis of FIR lodged against the applicant, police has arrested the applicant on 01/10/2019. Thereafter the police has investigated the matter and added the offence under section 417 and 420 IPC and filed the charge sheet before the learned court below on 19/12/2019. Hence, this revision.
4.
Learned counsel appearing for the applicant submits that the
order dated 21.12.2021 passed by the learned Special Judge, SC & ST (P.A.) Act, Korba, District – Korba is bad in law and factual
facts. It is also submitted that the learned Special Judge has not properly appreciated the facts and evidences available on record on challan as well as other documents while passing the
3 impugned charge-sheet. The applicant has no criminal background and therefore, it is respectfully submitted the entire prosecution is false and concocted and the applicant is innocent parson she has been roped in the offence due to monetary transaction between them. It is further submitted that the applicant has taken amount of Rs. One Lakhs each on different date of transaction i.e. 04.08.2017 and 07.08.2017 thereafter the amount has been return back from the applicant on dated 05.03.2019. Thus, the impugned order is liable to set-aside.
5. On the other hand, learned State counsel opposed the
submissions advanced by the learned counsel for the applicant and supports the impugned order dated 21.12.2021 passed by the learned Special Judge, SC & ST (P.A.) Act, Korba, District – Korba (C.G.) in Special Criminal Case No. 51/2019, whereby the learned trial Court framed the charges against the applicant under Sections 417, 420 and 376(2)(n) of IPC, and Section Section 3(2) (v) of SC & ST (P.A.) Act, and he further submits that the charges have been framed against the applicant and there is a specific allegation levelled against the applicant for committing sexual intercourse with the victim on the pretext of marriage, therefore, the instant revision filed by the applicant is devoid of merits and is liable to be dismissed.
6. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto.
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7. Considering the submissions advanced by the learned counsel for the respective parties and upon a careful perusal of the impugned orders passed by the learned trial Court, District – Korba (C.G.), it clearly transpires that charges have been framed against the applicant for the offences punishable under Sections 417, 420 and 376(2)(n) of IPC, and Section Section 3(2)(v) of SC & ST (P.A.) Act. The record discloses specific and categorical allegations against the applicant alleging that he committed sexual intercourse with the victim on the pretext of marriage, therefore, it is clear that the learned trial Court, after due application of mind and upon consideration of the material available on record, has arrived at a conscious and reasoned conclusion while framing the charges, and there is no any illegality and infirmity in the same warranting any interference of this Court.
8. Accordingly, the criminal revision being devoid of merit is liable to be and is hereby dismissed. Interim order, if any, passed earlier shall stand vacated.
9. Let a certified copy of this order be transmitted to the concerned trial Court for necessary compliance and follow up action, if any. Sd/-
(Ramesh Sinha)
Chief Justice Rajshekhar