State Of Chhattisgarh v. Subhash Chouhan

CRMP No. 1917 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1917 of 2019 • State of Chhattisgarh Through The Incharge, P.O. Dokda Police Station Kansabel District Jashpur Chhattisgarh. ---- Applicant

Versus

• Subhash Chouhan S/o Jhabul Ram Chouhan Aged About 21 Years R/o Village Nonpani, Post Office Dokda, Police Station Kansabel, District Jashpur Chhattisgarh.

---- Respondent For Applicant-State :- Shri V.R. Tiwari, Additional A.G.

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

Order on Board By Prashant Kumar Mishra, J 26/08/2019

1. Heard.

2. The trial Court has acquitted the accused of the charges under Sections 363, 366(क) and 376(2)(ढ) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

CRMP No. 1917 of 2019

3. The accused allegedly abducted the prosecutrix and thereafter committed forcible sexual intercourse on promise to marry. However, when examined in Court neither the prosecutrix, examined as PW-2, nor her father, PW-1, Budhan Ram Chouhan and her brother, PW-5, Shivram Chouhan, would support the prosecution.

4. In view of the nature and quality of evidence available on record, we are not inclined to grant leave to appeal, accordingly, Cr.M.P. is dismissed.

Sd/- Sd/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ankit