State Of Chhattisgarh v. Lal Bahadur

CRMP No. 603 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 603 of 2019 • State Of Chhattisgarh Through Police Station - Sanawal, District - Balrampur - Ramanujganj Chhattisgarh ---- Petitioner

Versus

• Lal Bahadur S/o Ram Khelawan Korva Aged About 33 Years R/o Village Seliyapara, Near Forest OfÏce Pachawal, Police Station - Sanawal, District - Balrampur - Ramanujganj Chhattisgarh. ---- Respondent For Petitioner/State Ms. Fouzia Mirza, Additional Advocate General DB:

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

5/2/2020

1. Heard on IA No.1, an application for condonation of delay in filing the CRMP.

2. On due consideration, the application is allowed and the delay is condoned.

3. The trial Court has acquitted the accused of the charges under Sections 363, 366 of IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 and in alternative under Section 376 of IPC, vide judgment dated 11.9.2018

CRMP No. 603 of 2019 passed in Special Sessions Case (POSCO) No.11/2016.

4. In the examination-in-chief, the prosecutrix alleges commission of rape but thereafter, she denies the incident and when the Court made specific query as to which of the versions is true, she says that the accused has not committed rape with her.

5. Considering the evidence on record, we are not inclined to grant leave to appeal.

6. The CRMP is dismissed.

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