State Of Chhattisgarh v. Manoj Yadav
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 878 of 2019 State Of Chhattisgarh Through The Incharge Police Station Sanawal District Balrampur - Ramanujganj Chhattisgarh ---- Petitioner
Versus
Manoj Yadav S/o Devraj Yadav Aged About 22 Years R/o Village Chiniya, Police Station Chiniya, District Gadwa (Jharkhand) ---- Respondent For State/Petitioner :
Mr. Neeraj Mehta, Panel Lawyer DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board 18/06/2019 Heard on application for condonation of delay in filing appeal. Upon due consideration, the application is allowed. Delay is condoned.
Also heard on application for grant of leave to appeal. 1.
Learned State counsel would argue that the learned Trial Court committed perversity and illegality in granting acquittal even though the prosecution came out clinching evidence not only with regard to the prosecutrix being a minor in age but also that she was subjected to sexual intercourse by the accused and as it was the case of a minor, merely because the prosecutrix had an affair and she eloped with the accused, acquittal could not be granted.
2.
We have gone through the impugned judgment and the evidence on record, particularly that of the prosecutrix's evidence and evidence with regard to the age.
3.
Learned Trial Court has recorded finding of examination after minute
scrutiny of the prosecution evidence with regard to the age of the prosecutrix and taking into consideration that the prosecution itself has led contradictory set of evidence with regard to the age of the prosecutrix, has recorded a finding that the prosecution failed to prove that the prosecutrix was minor. The evidence of the prosecutrix apparently shows that there was an affair between the prosecutrix and the respondent accused. Therefore, the possibility of there being consensual sex between the parties could not be ruled out. No case is made out for grant of leave to appeal. Therefore, the CRMP is dismissed.
Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Rekha