State Of Chhattisgarh v. Satish @ Shani Sahu

CRMP No. 229 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 229 of 2019 • State of Chhattisgarh Through Its Station House Officer Police Station Nawagarh, District Janjgir Champa, Chhattisgarh.

---- Applicant

Versus

• Satish @ Shani Sahu S/o Shashi Bhushan Sahu Aged About 21 Years R/o Amarwa, Police Station Kasdol, District Baloda Bazar Bhatapara, Chhattisgarh.

---- Respondent For Applicant-State :- Shri K.K. Singh, GA.

Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.

Order on Board By Prashant Kumar Mishra, J 23/10/2019

1. Heard.

2. On due consideration, delay of 107 days in filing the present CRMP is condoned. Accordingly, I.A. No.1 is allowed.

3. The trial Court has acquitted the accused of the charges under Sections 363, 366 of the IPC and Section 6 of the

CRMP No. 229 of 2019 Protection of Children from Sexual Offences Act, 2012 in the alternative Section 376(ञ)(ढ) of the IPC.

4. The accused allegedly abducted the prosecutrix and committed forcible sexual intercourse, however, when examined in Court, the prosecutrix has turned hostile and has not supported the prosecution at any stage of her examination. Her father, Jageshwar (PW-2) and mother, Pramila (PW-3) have also turned hostile without supporting the prosecution case at any stage of their examination.

5. No case for grant of leave to appeal against the acquittal is made out.

6. Accordingly, CRMP deserves to be and is hereby dismissed. Sd/- Sd/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ankit