State Of Chhattisgarh v. Talib Khan

Cr.M.P. No.2181 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2181 of 2019 • State of Chhattisgarh, Through Station House Officer, Police Station Chhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Petitioner

Versus

• Talib Khan S/o Sheikh Rasood Khan, aged about 21 Years, R/o Ward Number 4, Kandra Para, Chhuikhadan, Police Station Chhuikhadan, District Rajnandgaon.

---- Respondent For Petitoner Shri Aditya Sharma, P.L.

For Respondent None.

Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Gautam Chourdiya Order on Board by Shri Prashant Kumar Mishra J. 30/09/2019

1. Heard on I.A. No.1 of 2019.

2. This is an application for condonation of delay in filing the Cr.M.P.

3. On due consideration, delay of 165 days in filing the present Cr.M.P. is condoned. Accordingly, I.A. No.1 of 2019 is allowed.

4. The trial Court has acquitted the accused/respondent of the charge under Sections 363, 366 & 376 of IPC and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012 vide judgment dated 26.12.2018 passed by the Additional Sessions Judge, Khairagarh, District Rajnandgaon, C.G. in Special Sessions Trial No.03/18.

5. The prosecutrix examined as PW-2 has denied that the accused has committed rape with her. Her mother Purnima Dubey examined as

Cr.M.P. No.2181 of 2019 PW-1 and her father Uttam Prasad PW-3 have also turned hostile.

6. Considering lack of evidence against the accused, we are not inclined to allow the application for leave to appeal.

7. Accordingly, the Cr.M.P. deserves to be and is hereby dismissed. Sd/- Sd/- Prashant Kumar Mishra Gautam Chourdiya Judge Judge Akhilesh