State Of Chhattisgarh v. Arjun Singh

CRMP No. 1068 of 2013 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1068 of 2013 • State Of Chhattisgarh Through SHO, PS Kansabel, Distt. Jashpur C.G.

---- Applicant

Versus

• Arjun Singh S/o Chandro Ram Raitiya Aged About 35 Years R/o Barpani, Khutikhand, PS Duldula, Distt. Jashpur C.G. ---- Respondent For Applicant-State :- Shri R.S. Baghel, Dy. A.G.

Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Order On Board By Prashant Kumar Mishra, J .

23/09/2019

1. On due consideration delay of 14 days in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01 which is an application for condonation of delay in filing of the instant Cr.M.P. is allowed.

2. The trial Court has acquitted the accused of the charges under Sections 376, 506 Part-II of I.P.C.

CRMP No. 1068 of 2013

3. The accused happen to be a close relative of the prosecutrix who herself is aged about 8 years. It was alleged that the accused committed forcible sexual intercourse with the prosecutrix at about 4 am on 26.09.2012. When examine in Court, the prosecutrix has turned hostile and has not supported the case of prosecution at any stage of her examination. Her uncle Pitambar (PW-2) and her elder brother Sukhcharan (PW-3) have also turned hostile. Other material witnesses have also turned hostile.

4. Considering the lack of evidence against the accused, we are not inclined to grant leave to appeal against acquittal.

5. Accordingly, the Cr.M.P. deserves to be and is hereby dismissed.

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