Xyz v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ACQA No. 168 of 2021 • XYZ ---- Appellant

Versus

1. The State Of Chhattisgarh Through The Station House Officer, Police Station Bagbahar, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh

2. Meghnath Yadav S/o Shri Kanhaiya Yadav Aged About 23 Years R/o Kamraga, Police Station Lailunga, District Raigarh Chhattisgarh. ---- Respondents • Mr. Arun Kumar Shukla, counsel for the appellant. 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 admission.

We find that the learned trial Court has acquitted the respondent/accused by giving him benefit of doubt, taking into consideration the entirety of the evidence particularly the evidence of the prosecutrix wherein she has admitted that she had a long standing affair and physical relationship with the accused and when the married he could not metalized, after about 9 months the FIR was lodged. In view taken by learned trial Court. Particularly taking into consideration the mature aged of the prosecutrix, cannot be said to the suffering for any patent illegality or perversity therefore, dismissed.

Accordingly, the appeal is dismissed.

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