State Of Chhattisgarh v. Ramdayal Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1407 of 2020 • State Of Chhattisgarh Through Station House Officer, Police Station Patna, District Koriya Chhattisgarh.

---- Petitioner.

Versus

• Ramdayal Sahu S/o Dadairam, Aged About 66 Years R/o Dabripara (Bhainsamuda), Police Station Patna, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Respondent.

For the Petitioner/State:- Ms. Hamida Siddiqui, Dy. AG.

Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor, Order on Board by Justice Manindra Mohan Shrivastava J. 07.12.2020 Heard on prayer of grant of leave to appeal.

Taking into consideration the submission of learned State counsel that the prosecutrix allegation of commission of rape on her is substantiated from the FSL report that from the vaginal slide of the prosecutrix spermatozoa was found and presence of sperm was also found in her underwear, we are inclined to grant leave to appeal. Accordingly, application is allowed.

Let the appeal filed by the State be registered as Acquittal Appeal and be listed for further orders.

CRMP is accordingly disposed off.

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