State Of Chhattisgarh v. Sunil Bargaha

CRMP No. 520 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 520 of 2019 • State Of Chhattisgarh Through Station House OfÏcer, Police Station Ajk, Ambikapur, District Surguja Chhattisgarh ---- Petitioner

Versus

• Sunil Bargaha S/o Subhashram Yadav Aged About 36 Years R/o Village Gandhinagar Ward No.4, Ambikapur District Surguja Chhattisgarh ---- Respondent For Petitioner/State Mr. Aditya Sharma, Panel Lawyer DB:

Hon'ble Mr. Justice Prashant Kumar Mishra & Hon'ble Mr. Justice Gautam Chourdiya Order On Board by Prashant Kumar Mishra, J.

20/8/2019

1. Heard.

2. The trial Court has acquitted the accused of the charges under Sections 363, 366, 343, 376, 506 Part-II of IPC read with Section 3(2)(v) and 3 (1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Bare perusal of the deposition of the prosecutrix examined as PW-4 would reveal that at the time of the incident, she was aged about 22-23 years and has moved along with the accused to number of locations without offering any resistance or

CRMP No. 520 of 2019 without protest. During the journey or movement of the prosecutrix at different townships, she happened to meet some Police Personnels, but never informed them about commission of offence by the accused.

4. Considering the nature and quality of evidence available on record, no case for grant of leave to appeal is made out.

5. The CRMP is dismissed.

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