State Of Chhattisgarh v. Ankit Vishwakarma

CRMP No. 2118 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2118 of 2019 • State of Chhattisgarh Through Police Station Kansabel, District Jashpur, Chhattisgarh.

---- Applicant

Versus

• Ankit Vishwakarma S/o Late Shankar Vishwakarma Aged About 20 Years Caste- Lohar, R/o Village Bakoriya, Chowki Satbarwa, Police Station Manika, District Latehar (Jharkhand) Presently R/o Kansabel (Shanti Nagar), Police Station Kansabel, District Jashpur, Chhattisgarh. ---- Respondent For Applicant-State :- Shri R.Tripathi, PL Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.

Order on Board By Prashant Kumar Mishra, J 23/09/2019

1. Heard.

2. On due consideration, delay of 141 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 363, 366 क, and 376(2)(ढ) of the IPC and

CRMP No. 2118 of 2019 Section 6 of the Protection of Children from Sexual Offences Act, 2012.

4. The accused allegedly abducted the prosecutrix and committed forcible sexual intercourse by pressurizing her to perform marriage. PW-1, Ramsai Vishwakarma, father of the prosecutrix, has turned hostile, similarly the prosecutrix herself, examined as PW-2, has turned hostile and has not supported the case of prosecution at any stage of her examination. Her mother, Kiran Vishwakarma (PW-3), has also turned hostile.

5. Considering the nature and quality of evidence available on record, we are not inclined to grant leave to appeal against the acquittal.

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

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