State Of Chhattisgarh v. Akash Soni

CRMP No. 2001 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2001 of 2019 • State of Chhattisgarh Through Police Station Kotwali, District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• Akash Soni S/o Shankarlal Soni Aged About 31 Years R/o Gandhi Chowk in front of Ramayan Samiti, Rajnandgaon District Rajnandgaon Chhattisgarh.

---- Respondent For Appellant-State ;- Shri Chitendra Singh, PL Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.

Order on Board By Prashant Kumar Mishra, J 04/09/2019

1. Heard.

2. On due consideration, delay of 51 days in filing the present Cr.M.P. is condoned. Accordingly, I.A. No.1 is allowed.

3. The trial Court has acquitted the accused of the charges under Sections 376 and 323 of IPC.

CRMP No. 2001 of 2019

4. The prosecutrix was aged about 21 years on the date of offence. She got acquainted with the accused during her visit to gym owned by the accused. As per her statement the sexual intercourse happened with her consent but she lodged the FIR because the accused started demanding monthly fee of the gym and later on slapped her.

5. Considering the nature and quality of evidence we are not inclined to grant leave to appeal against the impugned order of acquittal.

6. Accordingly, Cr.M.P. deserves to be and is hereby dismissed.

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