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High Court Of ChhattisgarhCRMP/716/2021allowed

The State Of Chhattisgarh v. Om Prakash @ Lodhi Paw

2021-08-23Hon'Ble Shri Justice Manindra Mohan Shrivastava,Hon'Ble Smt. Justice Vimla Singh Kapoor1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 716 of 2021 • The State Of Chhattisgarh Through District Magistrate, Bilaspur District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. Om Prakash @ Lodhi Paw S/o Shivbagas Paw Aged About 24 Years Occupation Labourer, R/o Village Pahanda, Police Station Chowki Belgehna, Police Station Kota, District Bilaspur Chhattisgarh

2. Jan Singh @ Janu S/o Ratan Singh Aged About 27 Years Occupation Labourer, R/o Village Pahanda, Police Station Chowki Belgehna, Police Station Kota, District Bilaspur Chhattisgarh ---- Respondents • Mr. Ravish Verma, PL for the State.

D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board Per Manindra Mohan Shrivastava, J.

23.08.2021 Heard on prayer for grant for leave to appeal. Taking into consideration the submission of learned State counsel that despite clear and categoric evidence of the prosecutrix being subjected to gang rape by her own family members in the night and named FIR lodged the very next day early in the morning and also taking into consideration the finding of the learned trial Court regarding FSL report, we are inclined to grant to leave to appeal.

Accordingly, application for grant for leave to appeal is allowed. Let the appeal filed by the State be registered as Acquittal Appeal and be listed for further orders.

CRMP is accordingly disposed off.

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