State Of Chhattisgarh v. Kapil Giri @ Chandan Baba

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.1083 of 2020 State Of Chhattisgarh Through Police Station Batauli, District Surguja Chhattisgarh. ---- Petitioner

Versus

Kapil Giri @ Chandan Baba S/o Jhakhad Giri Aged About 45 Years Resident Of Village Turturiya, Police Station Lundra, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondent For State/Petitioner :

Mrs. Fouzia Mirza, Additional A.G.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 17/12/2020 Heard on application for grant of leave to appeal. 1.

Taking into consideration the submission made by learned counsel for the State that despite evidence of the prosecutrix and villagers that when she was not having any issue, the accused assured her that he would be helping her out by sexual intercourse to conceive child and thereafter committed rape on her, we are inclined to grant leave to appeal. Therefore, the application for grant of leave to appeal is allowed. 2.

The appeal filed by the State be registered as an acquittal appeal and be listed for further orders.

3.

The present CRMP is accordingly disposed off. Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Rekha