State Of Chhattisgarh v. Virendra Raut

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1213 of 2020 State of Chhattisgarh Through Police Station Bagicha, District Jashpur Chhattisgarh ---- Appellant

Versus

Virendra Raut S/o. Santosh Raut, Aged about 21 years, Resident of Maini Police Station Bagicha, District Jashpur (CG) ---- Respondent ------------------------------------------------------------------------------------ For the Appellant :- Mr. Lalit Jangade, Dy. G.A For the respondent :- None ------------------------------------------------------------------------------------ Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor, Judgement on Board By Manindra Mohan Shrivastava , J.

04.01.2021 Heard on the application for grant of leave to appeal.

2. Taking into consideration the submission of learned counsel for the State that the prosecution has led evidence that the prosecutrix not only minor but was mentally retarded and she was subjected to rape by the appellant which was disclosed by the prosecutrix immediately after the incident and also the evidence of the mother of having seen the appellant running away from the spot, we are inclined to grant leave to appeal. Application is accordingly allowed.

3. Let the appeal filed by the State be registered as Acquittal appeal and be listed for further orders.

4. CRMP is accordingly disposed off.

Sd/- Sd/- Manindra Mohan Shrivastava Vimla Singh Kapoor Judge Judge santosh