The State Of Chhattisgarh v. Manoj Kumar

CRMP No. 2152 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2152 of 2019 • The State Of Chhattisgarh Through Police Station Baradwar, District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

• Manoj Kumar S/o Dev Singh Aged About 23 Years R/o Sundareli, Police Station Baradwar, District Janjgir Champa Chhattisgarh.

---- Respondent For Applicant-State :- Shri Rajendra Tripathi, PL Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Order On Board By Prashant Kumar Mishra, J.

25/09/2019

1. On due consideration delay of 99 days in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01 of 2019 which is an application for condonation of delay in filing of the Cr.M.P. is allowed.

2. The trial Court has acquitted the accused of the charges

CRMP No. 2152 of 2019 under Sections 363, 366(क) of I.P.C. and Section 4 of the Protection of Children from Sexual Offences Act, 2012 in the alternative Section 6 of the Protection of Children from Sexual Offences Act, 2012 in the alternative Section 376 (1) of I.P.C.

3. The prosecutrix examined as PW-2 before the trial Court has turned hostile and has not supported the case of prosecution at any stage of her examination. Her father, Ramlal Kurre (PW-1) and her sister, Tanu Kurre (PW-3) have also turned hostile.

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

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

SD/- SD/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ayushi