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High Court Of ChhattisgarhCRMP/1664/2019dismissed

The State Of Chhattisgarh v. Jagdish @ Aarya Kumar Chaturvedi

2019-07-22Hon'Ble Shri Justice Prashant Kumar Mishra,Hon'Ble Shri Justice Gautam Chourdiya2 pages

CRMP No. 1664 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1664 of 2019 • The State of Chhattisgarh Through District- Magistrate, Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• Jagdish @ Aarya Kumar Chaturvedi S/o Late Lalludas Chaturvedi Aged About 22 Years R/o Village- Boirdih, Police Station- Lalbag, District- Rajnandgaon, Chhattisgarh. ---- Respondent For Applicant-State :- Shri Rajesh Singh, Dy. G.A.

Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.

Order on Board By Prashant Kumar Mishra, J 22/07/2019

1. Since the default has already been removed, we have heard learned State counsel on admission.

2. The trail Court has acquitted the accused of the charges under Sections 363, 366 & 376(2) of the I.P.C. and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

CRMP No. 1664 of 2019

3. The prosecutrix eloped with the accused, however, when examined in Court she has completely resiled from her earlier statements stating that no incident has ever happened with her. Thus, even if the prosecutrix was less than 18 years of age on the date of incident, the trail Court has rightly acquitted the accused and no case for granting leave to appeal is made out. Accordingly, Cr.M.P. is dismissed.

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