State Of Chhattisgarh v. Arun Kumar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2279 of 2018 State Of Chhattisgarh, Through- Police Station Mulmula, District- Janjgir-Champa, Chhattisgarh.

---- Petitioner

Versus

Arun Kumar, S/o Shivkumar Nirmalkar, Aged About 29 Years, R/o- Village Nariyara (Sanjay Nagar), Police Station Mulmula, District- Janjgir-Champa, Chhattisgarh ---- Respondent For State/Petitioner :

Mr. Suryakant Mishra, Panel Lawyer DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board 02/04/2019 Heard on (I.A. No.1) application for condonation of delay in filing application for grant of leave to appeal.

Upon due consideration, delay in filing application for grant of leave to appeal is condoned.

The application (I.A. No.1) is allowed.

Also heard on application for grant of leave to appeal. 1.

Though the learned State counsel submits that the prosecution had come with the case of commission of rape on the prosecutrix, after going through the impugned judgment and the evidence on record, particularly, the statement of the prosecutrix (PW1), we find that the prosecutrix has not supported the case of the prosecution. She is major. She has clearly stated that she had gone along with the respondent accused and married with him. Therefore, the impugned judgment of acquittal does not warrant any interference.

2.

Therefore, the present CRMP is dismissed.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Rekha