State Of Chhattisgarh v. Kamlesh Harijan

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.719 of 2020 State Of Chhattisgarh Through Police Station Marwahi, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

Kamlesh Harijan S/o Ranju Harijan Aged About 30 Years R/o Dadiya, Police Station Marwahi, District Bilaspur Chhattisgarh ---- Respondent For State/Petitioner :

Mr. Mateen Siddiqui, Dy. G.A.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 24/03/2021 Heard on prayer for condonation of delay in filing appeal as well as prayer for grant of leave to appeal.

1.

Upon due consideration the period of delay and the cause shown, we are inclined to condone the delay in filing appeal. Delay is accordingly condoned. 2.

Taking into consideration the submission of learned State counsel that even though there is emphatic and uncontroverted evidence of the prosecutrix, PW1 that she was subjected to rape by the accused and when she called for help, her husband reached at the spot and her husband PW2 has stated in his evidence that he heard the cries and then reached at the spot which evidence has remained uncontroverted in his crossexamination, we are inclined to grant leave to appeal. The application is allowed. 3.

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

4.

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