State Of Chhattisgarh v. Umesh Kumar Bareth

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 643 of 2019 State Of Chhattisgarh Through Station House Officer, Police Station - AJK Janjgir, District - Janjgir-Champa Chhattisgarh.

---- Petitioner

Versus

Umesh Kumar Bareth S/o Kartikram Bareth Aged About 21 Years R/o Village Siwani, Police Station - Champa, District - Janjgir-Champa Chhattisgarh ---- Respondent For Appellant/State :

Mr. Neeraj Mehta, Panel Lawyer DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 11/04/2019 Heard on (I.A. No.1) application for condonation of delay in filing application for grant of leave to appeal.

Upon due consideration, delay in filing application for grant of leave to appeal is condoned.

The application (I.A. No.1) is allowed.

Also heard on application for grant of leave to appeal. 1.

Taking into consideration the submission of learned State counsel that even according to the prosecutrix, her date of birth is 30th of September, 2000, corroborated from the evidence of school record proved by the prosecution that cohabitation is said to have been done 9 to 10 months before recording of her evidence on 16.11.2017 followed by birth of child, we are inclined to grant leave to appeal. Therefore, the application for grant of leave to appeal is allowed.

2.

The appeal filed by the State be registered as an acquittal appeal and be listed for further orders.

3.

The present CRMP is accordingly disposed off. Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Rekha