The State Of Chhattisgarh v. Kaleshwar Toppo

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 222 of 2021 • The State Of Chhattisgarh Through District Magistrate District- BalrampurRamanujganj, Chhattisgarh ---- Petitioner

Versus

• Kaleshwar Toppo S/o Lundra Toppo Aged About 38 Years R/o Village Gamhartopli, Kusmi Police Station Kusmi District- Balrampur-Ramanujganj, Chhattisgarh --- Respondent For Petitioner/State :

Mr. K.K. Singh, G.A.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 01/03/2021

1. Heard on prayer for grant of leave to appeal.

2. Though learned State Counsel submits that allegations are serious regarding trafficking of minor girl child, we find that there is no evidence led by the prosecution to prove its case. The father and the mother of the allegedly trafficked minor girl have turned hostile and have not supported the case of prosecution and the abducted minor girl has not been examined by the prosecution.

3. In that view of the matter, the view taken by the learned trial Court that the accused is entitled to be acquitted by giving benefit of doubt, does not suffer from any patent illegality or perversity so as to call for interference against judgment of acquittal, given limited scope of interference. We are not inclined to grant leave to appeal. Therefore, the application is rejected.

4. The CRMP is accordingly dismissed.

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