State Of Chhattisgarh v. Narayan Dubey

CRMP No. 1133 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1133 of 2019 • State of Chhattisgarh Through Station House Officer, Police Station Dabhara, District Janjgir-Champa, Chhattisgarh. ---- Applicant

Versus

1. Narayan Dubey S/o Laxman Prasad Aged About 27 Years R/o Rambhata, Police Station Dabhara, District JanjgirChampa, Chhattisgarh.

2. Ravi Rajput, S/o Moti Singh, Aged About 27 Years R/o Rambhata, Police Station Dabhara, District Janjgir-Champa, Chhattisgarh.

---- Respondents For Applicant-State :- Shri Suryakant Mishra, P.L.

Hon'ble Shri Prashant Kumar Mishra Hon'ble Smt Rajani Dubey, JJ.

Order on Board By Prashant Kumar Mishra, J 08/07/2019

1. Heard learned State counsel on I.A. No.1 as also on admission.

I.A. No.1 of 2019

2. This is an application for condonation of delay in filing the

CRMP No. 1133 of 2019 application seeking leave to appeal.

3. On due consideration, the application is allowed and delay of 51 days in moving the application is condoned. Accordingly, I.A. No.1 stands disposed of.

4. The trial Court has acquitted the accused Nos. 1 and 2 of the charges under Section 376 (1) and under Sections 109 and 376/34 of IPC respectively.

5. The prosecutrix is aged about 19 years, when examined in Court she has resiled from the allegation and has turned hostile. She has not supported the prosecution even during her statement in cross examination.

6. Considering the quality of the evidence available on record we are not inclined to grant leave to appeal to the State for filing the acquittal appeal.

7. Accordingly, the application for seeking leave to appeal is dismissed.

Sd/- Sd/- Prashant Kumar Mishra) (Rajani Dubey) Judge Judge Ankit