State Of Chhattisgarh v. Indraprasad Singh

CRMP No. 1713 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1713 of 2019 • State Of Chhattisgarh Through Station House Officer, Police Station - Dongargarh, District - Rajnandgaon Chhattisgarh.

---- Petitioner

Versus

• Indraprasad Singh S/o Rajkaran Singh Aged About 30 Years R/o Village Tangar Mahari ( Ghasiya Dohar ) Police Station Balrampur, District - Balrampur - Ramanujganj Chhattisgarh.

---- Respondent For State :- Ms. Madhunisha Singh, PL Hon'ble Shri Justice Prashant Kumar Mishra & Hon'ble Shri Justice Gautam Chourdiya, JJ.

Order On Board By Prashant Kumar Mishra, J.

24/07/2019

1. Heard.

2. On due consideration delay of 42 days in filing the appeal

CRMP No. 1713 of 2019 is condoned. Accordingly, I.A. No. 01 of 2019, application for condonation of delay in filing of instant appeal is allowed.

3. The trial Court has acquitted the accused of the charges under Sections 376, 493 of I.P.C.

4. The prosecutrix, aged about 24 years, examined as PW-1 before the trial Court, has not supported the prosecution. She speaks about conversation with accused over telephone and facebook and also that they had gone to have Darshan at the Goddess Bamleshwari temple but she denied that the accused had ever committed forcible sexual intercourse with her. She had not supported the prosecution at any stage of her examination, therefore, no case for grant of leave to appeal is made out.

5. In view of the above, the present CRMP deserves to be and is hereby dismissed.

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