State Of Chhattisgarh v. Sunil Kumar Diksena

HIGH COURT OF CHHATTISGARH, BILASPUR CR.M.P. No. 320 of 2015

1. State of Chhattisgarh, Through - The Station House Officer, Police Station Civil Lines, Bilaspur, District Bilaspur, Chhattisgarh. ---- Appellant

Versus

1. Sunil Kumar Diksena S/o Khemhu Ram Diksena, aged about 28 years, R/o Hotel Pacific, Mangla, P.S. Civil Lines, Bilaspur, District Bilaspur, Chhattisgarh ---- Respondent For Appellant. - Mr. Satish Gupta, Govt. Advocate for the State. Hon'ble Shri Justice T. P. Sharma Hon'ble Shri Justice Inder Singh Uboweja Judgment On Board (05/05/2015) Per T.P.Sharma, J.:- 1.

This is petition for grant of leave to appeal against the judgment of acquittal dated 19.01.2015 passed by the Special Judge (under Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989), Bilaspur (C.G.), in Special Sessions Case No.27/2014, whereby the trial Court has acquitted the respondent of the charge of Sections 493, 376 of the IPC and 3 (2) (5) of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989.

2.

We have heard learned Govt. Advocate for the State/appellant. 3.

Statement of prosecutrix (PW/3) perused.

4.

In the light of her evidence, especially para 3 and 10 of her evidence, we do not find any scope for grant of leave to appeal against the judgment of acquittal.

5.

Consequently, the petition for leave to appeal is liable to be dismissed and is hereby dismissed at the admission stage itself. JUDGE JUDGE Vijay