State Of Chhattisgarh v. Shivnath @ Shiv

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.168 of 2018 State Of Chhattisgarh Through Station House Officer, Police Station Sarsiwa, District Balodabazar Bhatapara Chhattisgarh ---- Petitioner

Versus

Shivnath @ Shiv S/o Babulal @ Padum Ratnesh Aged About 22 Years R/o Village Bharda Police Station Kosir District Raigarh Chhattisgarh ---- Respondent For State/Petitioner :

Mrs. Fouzia Mirza, Additional A.G.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 05/01/2021 Heard on application for grant of leave to appeal. 1.

Even if we were inclined to condone delay in filing application, after going through the impugned judgment and particularly the evidence of the prosecutrix, we are of the opinion that the learned Trial Court had left with no other option but to grant acquittal because the prosecutrix did not at all involve the accused and has turned completely hostile stating that nothing happened to her. On the face of such evidence, the acquittal of the accused does not suffer from any patent illegality or perversity calling for interference by this Court. 2.

Accordingly, CRMP is dismissed.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Rekha