State Of Chhattisgarh, v. Sunil Singh Gond,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 718 of 2021 State Of Chhattisgarh, Through Its Station House Officer, Police Station Akaltara, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

Sunil Singh Gond, S/o Chhedilal Gond, Aged About 22 Years R/o Village Padariya, Police Station Akaltara, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondent For Petitioner/State : Shri Lalit Jangde, Dy. Govt. Advocate D.B. :Hon'ble Shri Justice Manindra Mohan Shrivastava & Ho n'ble Smt. Justice Vimla Singh Kapoor Order On Board 22/07/2021

1. Heard both on prayer for condonation of delay as well as for grant of leave to appeal.

2. Even if we were inclined to condone the delay, we do not find any merit in the petition because the prosecutrix (PW5), in so far as allegation of commission of rape is concerned, has not supported the case of the prosecution regarding she being raped and, on the contrary, she stated that because of some quarrel in the house, out of anger, she went to another place. Even as regard the evidence of age of the prosecutrix, we find that though learned trial Court has found the prosecutrix below 18 years, but after considering of the evidence of the prosecutrix, allegation of abduction and rape has been found to be doubtful.

3. Considering the above material on record, present is not a fit case for grant of leave to appeal. Accordingly, the petition (Cr.M.P.) is dismissed. Sd/- Sd/- -- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor)

4. Judge Judge Praveen