State Of Chhattisgarh v. Nandkumar @ Nandu Sahu

Cr.M.P.No.234 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 234 of 2019

1. State Of Chhattisgarh Through Its Station House Officer, Police Outpost Chichola, Police Station Chhuriya, District Rajnandgaon Chhattisgarh ---- Petitioner

Versus

1. Nandkumar @ Nandu Sahu S/o Deenuram Sahu Aged About 27 Years R/o Village Lal Bahadur Nagar, Police Outpost Chichola, Police Station Chhuriya, District Rajnandgaon Chhattisgarh ---- Respondents For Petitioner/State Shri R.S. Baghel, Dy. Adv. General Hon'ble Shri Prashant Kumar Mishra, J.

Hon'ble Shri Gautam Chourdiya, J.

Order on Board By Prashant Kumar Mishra, J.

13-8-2019 I.A.No.1 1.

This is an application for condonation of delay in filing the application.

2.

For the reasons mentioned in the application, the delay of 65 days in filing the application is condoned.

3.

Accordingly, I.A.No.1 stands disposed of.

Cr.M.P.No.234 of 2019 4.

Trial Court has acquitted the accused from the charge under Section 450, 354, 363, 366, 376(2)(n), 294 & 506 Part II of the Indian Penal Code; under Section 4 & 6 of the POCSO Act, 2012; and under Section 3/181 of the Motor vehicles Act.

5.

The prosecutrix, examined as PW-1, has supported the case of prosecution in her examination-in-chief, but thereafter, she turned hostile and has not supported the prosecution during cross-examination. She admits that she was about 20 years of age in the year 2017 when the alleged incident took place. Mother of the prosecutrix namely; Triveni Yadu (PW-2) has also turned hostile and has not supported the case of the prosecution.

6.

Considering the nature and quality of evidence available on record, it is manifest that present is not a fit case for grant of leave to appeal.

7.

In the result, the appeal, sans merit, is liable to be and is hereby dismissed.

Sd/- Sd/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Gowri