The State Of Chhattisgarh v. Krishna Bada,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1297 of 2020 • The State Of Chhattisgarh Through - District Magistrate Jashpur, District : Jashpur, Chhattisgarh ---- Petitioner

Versus

• Krishna Bada, S/o Meenu Bada, Aged About 25 Years R/o - Jhilmili, Police Station - Jashpur, District : Jashpur, Chhattisgarh --- Respondent For Petitioner/State :

Mr. Lalit Jangde, Dy. G.A.

DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order On Board 23/02/2021

1. Heard on prayer for grant of leave to appeal.

2. Even if, we were inclined to condone the delay, we do not find any merit in this application seeking leave because the prosecutrix has taken somersault and in her cross-examination, she has admitted all suggestions which are against the case of the prosecution and what was stated by her in examination-inchief. She has denied that she was ever abducted or any rape was committed on her by the accused.

3. On the face of such evidence, the view taken by the learned trial Court that the accused is entitled to be acquitted by giving benefit of doubt, does not suffer from any patent illegality or perversity so as to call for interference against judgment of acquittal. Having limited scope of interference, we are not inclined to grant leave to appeal. Therefore, the application is rejected.

4. The CRMP is accordingly dismissed.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Ravi