The State Of Chhattisgarh v. Jagesh @ Jageshwar Yarda

CRMP No. 1936 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1936 of 2019 • The State of Chhattisgarh Through District Magistrate Uttar Bastar Kanker, Chhattisgarh.

---- Applicant

Versus

• Jagesh @ Jageshwar Yarda S/o Late Shri Thakur Ram Yarda Aged About 23 Years R/o Village Parna, Police Station Dongargaon, District Rajnandgaon, Chhattisgarh, Present At Village Sirsida, Police Station Charama, District Uttar Bastar Kanker, Chhattisgarh.

---- Respondent For Applicant-State :- Shri Chitendra Singh, P.L.

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. On due consideration, delay of 38 days in filing the present Cr.M.P is condoned. Accordingly, I.A. No.1 stands allowed.

3. The trial Court has acquitted the accuse of the charges

CRMP No. 1936 of 2019 under Sections 363, 366 376(2)(ढ) of IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012.

4. The accused allegedly committed forcible sexual intercourse with the prosecutrix, aged less than 18 years at the time of occurrence, on promise to marry. When examined in Court, the prosecutrix has not supported the prosecution at any stage of her examination. She has even denied to identify the accused.

5. Considering the nature and quality of evidence available on record the present is not considered to be a fit case for grant of leave to appeal.

6. Accordingly, Cr.M.P. is dismissed.

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