State Of Chhattisgarh v. Chandrakhan Paraste

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1396 of 2021 • State of Chhattisgarh, through- Police Station- Chhura, District Gariyaband Chhattisgarh.

---- Petitioner

Versus

• Chandrakhan Paraste, S/o Darshan Singh Paraste, Aged about 25 years, R/ o Kukdur, Police Station Kukdur, District Kabirdham, Chhattisgarh. ---- Respondent For State/Petitioner :

Mr. Sunil Otwani, Additional A.G.

For Respondent :

None.

DB Hon'ble Shri Justice Arvind Singh Chandel & Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 09/12/2021 1.

Heard on admission.

2.

Admit.

3.

Taking into consideration, the acquittal is granted against acquisition of committing sexual assault on a minor girl.

4.

On the aspect of grant leave to appeal, learned counsel for the State would argue that though the prosecutrix has clearly stated regarding commission of rape on her and the prosecution led specific evidence with regard to the age of prosecutrix, trial Court has acquitted the appellant.

5.

We have perused the record of the trial Court, gone through the statement of the prosecutrix and other evidence available on record. On perusal of the evidence, adduced by the prosecution, we are inclined to grant leave to appeal.

6.

Let the appeal filed by the State be registered as Acquittal Appeal and be listed for further orders.

7.

CRMP is accordingly disposed of.

Sd/- Sd/- (Arvind Singh Chandel) (Deepak Kumar Tiwari) Judge Judge Vasant