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High Court Of ChhattisgarhCRMP/1275/2020allowed

State Of Chhattisgarh v. Vijay Kumar Naorangi

2021-02-09Hon'Ble Shri Justice Manindra Mohan Shrivastava,Hon'Ble Smt. Justice Vimla Singh Kapoor1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1275 of 2020 • State Of Chhattisgarh Through Its Station House Officer, Police Station Charcha, District Korea (Chhattisgarh) ---- Petitioner

Versus

• Vijay Kumar Naorangi S/o Late Babulal Aged About 32 Years Resident Of Village Murpar, Police Station Bilaigarh, District Baloda Bazar (Chhattisgarh) ---- Respondent For Petitioner / State :

Smt. Fouzia Mirza, Addl. Adv. Gen.

D.B.:- Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 09/02/2021 Heard on prayer for grant of leave to appeal. Taking into consideration the submission of learned Addl. Adv. Gen. that despite categoric statement of the prosecutrix of she having been subjected to rape and the prosecution having led oral and documentary evidence with regard to age of the prosecutrix, acquittal has been ordered by recording a perverse finding of prosecutrix being major and consenting party, we are inclined to grant leave to appeal. Accordingly, the application for grant of leave to appeal is allowed. Let the appeal filed by the State be registered as Acquittal Appeal and be listed for further orders. The CrMP is, accordingly, disposed off. Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Deepti