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High Court Of ChhattisgarhCRMP/2388/2019allowed

The State Of Chhattisgarh v. Sukhdas Mahant

2021-02-24Hon'Ble Shri Justice Manindra Mohan Shrivastava,Hon'Ble Smt. Justice Vimla Singh Kapoor1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2388 of 2019 • The State Of Chhattisgarh Through Police Station Sitapur District Surguja Chhattisgarh.

---- Petitioner

Versus

• Sukhdas Mahant S/o Chhote Lal Mahant, Aged About 23 Years Caste Panika, R/o Village Dhamani, P.S. Hasaud, District Janjgir Champa Chhattisgarh.

---- Respondent • Mr. Anurag Verma, PL for the State.

D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board Per Manindra Mohan Shrivastava, J.

24.02.2021 Heard on application for condonation of delay (IA No.1) and grant for leave to appeal.

Taking into consideration the explanation offered and the period of delay and further that the acquittal is granted against acquisition of committing sexual assault on a minor girl, delay is condoned. On the aspect of grant of 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 acquittal has been granted, we are inclined to grant to leave to appeal.

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

CRMP is accordingly disposed off.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Pawan