State Of Chhattisgarh v. Danesh @ Daneswer Kashyap

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.1158 of 2019 State Of Chhattisgarh Through The Incharge, Police Station Hasoud, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

Danesh @ Daneswer Kashyap S/o Bhagram Aged About 28 Years R/o Village Malda Police Station Hasoud, District Janjgir - Champa Chhattisgarh ---- Respondent For State/Petitioner :

Mr. Praveen Shrivastava, Panel Lawyer DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 23/02/2021 Heard.

1.

Even if we were inclined to condone the delay in filing the instant appeal, we do not find any merit in this case.

2.

Though learned counsel for the State would submit that the prosecutrix had made serious allegation against the accused under Section 164 Cr.P.C. statement recorded before the Magistrate, we find that in the Court below, she has not supported the prosecution case and stated that she had an affair with the accused and thereafter they got married. It is not a case of prosecutrix being minor. Therefore, no case is made out.

3.

The CRMP is accordingly dismissed.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Rekha