State Of Chhattisgarh v. Kuber Kumbhakar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 644 of 2019 State Of Chhattisgarh Through Station House Officer, Police Station Dharsiwa, District- Raipur, Chhattisgarh ---- Petitioner

Versus

Kuber Kumbhakar S/o Ramcharan Kumbhakar Aged About 23 Years R/o Village Tila, Police Station Gobra Nawapara, District- Raipur, Chhattisgarh --- Respondent For Petitioner/State :

Shri Subhash Yadav, Dy. Gov. Advocate.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 15/04/2019

1. Heard on application (I.A. No. 1) for condonation of delay in filing of acquittal appeal.

2. Upon due consideration, the application is allowed. Delay in filing the appeal is condoned.

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

4. Taking into consideration the submission of learned counsel for the State that despite there being abundance of evidence led by the prosecution particularly the statement of prosecutrix herself that the respondent-accused entered into sexual relation with her on false pretext of marriage, we are inclined to grant leave to appeal.

5. The prayer is accordingly allowed. The appeal filed by the State be registered as acquittal appeal and it be listed for further orders.

6. CRMP is accordingly disposed off.

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