State Of Chhattisgarh v. Baijnath Korwa

CRMP No. 1749 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1749 of 2019 • State Of Chhattisgarh Through The Police Station Ramanujganj, District Balrampur Ramanujganj Chhattisgarh. ---- Petitioner

Versus

• Baijnath Korwa S/o Bhola Korwa Aged About 21 Years R/o Village New Masjidpara, Kanakpur, Police Station Ramanujganj, District Balrampur Ramanujganj Chhattisgarh. ---- Respondent For State :- Shri K.K. Singh, G.A.

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

Order On Board By Prashant Kumar Mishra, J.

26/07/2019

1. Heard.

2. Default has been removed by filing the necessary papers.

3. We have heard learned State counsel on admission.

CRMP No. 1749 of 2019

4. The trial Court has acquitted the accused of the charges under Sections 450, 376 (2)(ढ) of I.P.C and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

5. The prosecutrix, has turned hostile and has not supported the case of prosecution at any stage of her examination. The trial Court has also found that the prosecution has not been able to prove that she was less than 18 years of age on the date of incident.

6. Considering the statement of the prosecutrix and other evidences on record, we are not inclined to grant leave to appeal.

7. Accordingly, the present CRMP deserves to be and is hereby dismissed.

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