State Of Chhattisgarh v. Ajay Tripathi

CRMP No. 1722 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1722 of 2019 • State Of Chhattisgarh Through Its Station House Officer, Police Station Dongargarh, District Rajnandgaon Chhattisgarh.

---- Petitioner

Versus

• Ajay Tripathi S/o Ashok Tripathi Aged About 26 Years R/o Village Pasthua, Bus Stand, Kalani Sahab Ganj, Police Station Sahab Ganj, District Chandouli (Uttar Pradesh). Present Address - E - Block House No. 293, Indira Market, Police Station C-20, Goutam Buddha Nagar, Noida, District Noida Uttar Pradesh.

As Per Adhar Card No. 215728540834, The Address Of The Respondent Is, 279/2, Gayatri Nagar Road, Hunuman Mandir, Jabalnaagaon, Bhivandi, Thane (Maharashtra).

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

Order On Board By Prashant Kumar Mishra, J.

CRMP No. 1722 of 2019 24/07/2019

1. Heard.

2. On due consideration delay of 82 days in filing the appeal is condoned. Accordingly, I.A. No. 01 of 2019, application for condonation of delay in filing instant appeal is allowed.

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

4. The prosecutrix is more than 25 years of age, she has moved with the accused to different places for a period of about 2 years during which the accused was allegedly committing forcible sexual intercourse on promise to marry. They had gone to Shirdi, Raipur, Mumbai, Noida and other places.

5. Considering the nature and quality of evidence, we are not inclined to grant leave to appeal.

6. 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