State Of Chhattisgarh v. Akshay Vakde

CRMP No. 1009 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1009 of 2020 • State Of Chhattisgarh Through Police Station Arjuni, District Dhamtari Chhattisgarh ---- Petitioner

Versus

1. Akshay Vakde S/o Late Vinod Vakde, Aged About 17 Years 6 months R/o Village Koliyari, Police Station Arjuni, District Dhamtari Chhattisgarh

2. Pranik Mandavi S/o Banshi Lal Mandavi, Aged About 17 Years 2 months R/o Village Koliyari, Police Station Arjuni, District Dhamtari Chhattisgarh ---- Respondent For Petitioner/State Ms. Fouzia Mirza, Additional Advocate General DB:

Hon'ble Mr. Justice Prashant Kumar Mishra & Hon'ble Mr. Justice Gautam Chourdiya Order On Board by Prashant Kumar Mishra, J.

29/9/2020

1. Heard on IA No.1, an application for condonation of delay in filing the CRMP.

2. On due consideration, the application is allowed and the delay in filing the CRMP is condoned.

3. Also heard on admission.

CRMP No. 1009 of 2020

4. The trial Court has acquitted the accused of the charges under Sections 377/34 and 302/34 of the IPC.

5. Considering the evidence available on record particularly the witnesses to the memorandum statements PW-3 Suryakant @ Raju Mahar and PW-5 Mahadev Sonkar, positive FSL reportEx.P/54, we are inclined to grant leave to appeal.

6. Accordingly, the CRMP is allowed.

7. Let regular acquittal appeal be registered and notice thereof be issued to the accused persons on payment of PF as per rules.

8. Post the acquittal appeal for hearing after notice in the month of January 2021.

Sd/- Sd/- ( Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Shyna