State Of Chhattisgarh v. Rajat Jadhav

CRMP No. 2369 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2369 of 2019 • State of Chhattisgarh Through Station House Officer, Police Station Pulgaon, District Durg, Chhattisgarh. ---- Applicant

Versus

• Rajat Jadhav S/o Deepak Jadhav Aged About 22 Years R/o 2B Avenue, Sector 10 Bhilai Police Station Sector 6, District Durg, Chhattisgarh.

---- Respondent For Applicant-State :- Shri Avinash Choubey, PL Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.

Order on Board By Prashant Kumar Mishra, J 08/11/2019

1. Heard.

2. On due consideration, delay of 193 days in filing the present CRMP is condoned. Accordingly, I.A. No.1 is allowed.

3. The trial Court has acquitted the accused of the charges under Sections 450 and 376 of the IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act,

CRMP No. 2369 of 2019 2012.

4. Having perused the statement of the prosecutrix it appears that there was a consensual relation between her and the accused after chatting on facebook. It also appears that on the date of incident when her mother returned to home the prosecutrix hide herself in the bathroom and the accused also hide himself in another bathroom.

5. In the absence of proof that the prosecutrix was less than 18 years of age on the date of incident and for the apparent consensual relationship the trial Court's finding while acquitting the accused of the charges does not appear to be perverse.

6. No case for grant of leave to appeal is made out. Accordingly, the CRMP deserves to be and is hereby dismissed.

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