A Conscious Decision Was Made After Active Application Of Mind: Chhattisgarh HC While Dismissing Rape Case Against BJP MLA's Son

A Bench of Justice Rakesh Mohan Pandey quashed the FIR, charge sheet, and criminal proceedings for offenses under Sections 313, 376, 376(2)(n) of the IPC and Sections 3(2)(v) and 3(2)(va) of the SC/ST Act. However, the continuation of criminal proceedings under Section 323 of the IPC was maintained, and the trial court was instructed to proceed accordingly.

The Court noted that apart from the victim's statement, there was no substantial evidence against the petitioner except for the promise of marriage. The Court added, “The victim had made a conscious decision after active application of mind to the things that had happened. It is not a case of a passive submission in the face of any psychological pressure exerted and there was a tacit consent which was not the result of a misconception created in her mind.”

Regarding the allegations of atrocities, the Court noted that the petitioner's actions were not solely based on the victim's Scheduled Tribes community status. Both parties entered into a consensual relationship out of love and affection, and there was no evidence to suggest that the offenses under Sections 3(2)(v) and 3(2)(va) of the SC/ST Act were committed solely due to the victim's community membership. The Court added, “From the perusal of the contents of FIR and the statement of the victim recorded under section 161 of the CrPC, it appears that it is a case of a consensual relationship, as both of them came in contact through social media i.e. Facebook. They chatted together and met outside, exchanged their mobile numbers and started talking and meeting. They were in a relationship with each other for quite some time and enjoyed each other's company”

Advocate B. P. Sharma appeared for the Petitioner, Advocate Hamida Siddiqui appeared for Respondents 1,2 and Advocate Ashok Gadhewal appeared for Respondent 3.

Palash Chandel, who is the son of the Leader of Opposition in the Chhattisgarh Assembly, Narayan Chandel, had been accused of sexually exploiting a government school sports teacher on multiple occasions in the Janjgir-Champa district, using the pretext of marriage. The victim had also alleged that he forced her to undergo an abortion in 2021 and refused to marry her because she belonged to a Scheduled Tribe. She initially lodged a complaint with the Chhattisgarh State Women Commission before filing a formal complaint.

In April, the High Court had granted anticipatory bail to him, he subsequently filed a petition seeking the quashing of the chargesheet and related criminal proceedings.

Concerning Section 313 of the IPC, the Court said that there was insufficient evidence to establish that the petitioner was actively involved in causing the victim's miscarriage. The victim's statement alone was not enough to prove the offense of 'causing miscarriage without a woman's consent'.

The Court observed, “there is an allegation of assault and according to the medical report, there was an injury on the victim’s ear where the eardrums were ruptured, but the doctor has not given any opinion with regard to the duration of the injury however the victim has made specific allegations against the petitioner.” In relation to Section 323 of the IPC, the Court found that there is a prima-facie made out against the petitioner as there is a specific allegation with regard to the assault which finds corroboration with the doctor's report.

As a result, the petition was partially allowed.

Cause Title: Palash Chandel v. State of Chhattisgarh & Ors., [2023:CGHC:23500]

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