Ku. Bajay Salam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR ACQA No. 426 of 2018 Ku. Bajay Salam D/o Late Shri Ramu Ram Salam Aged About 28 Years R/o Village Kerlapal ,post Binjali Police Station Narayanpur District Narayanpur Chhattisgarh ----Applicant

Versus

1. State Of Chhattisgarh Through Station House Officer Police Station Narayanpur District Narayanpur Chhattisgarh., District : Narayanpur, Chhattisgarh

2. Ravishakar Yadav S/o Late Arjune Ram Aged About 39 Years R/o Village Banglapara Narayanpur Police Station Narayanpur District Narayanpur Chhattisgarh., District : Narayanpur, Chhattisgarh ---- Respondents For Applicant :

Mr. Nitesh Shrivas, Advocate DB : Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board 16/01/2019 Heard on application for condonation of delay in filing appeal. Upon due consideration, the application is allowed. Delay is condoned.

Also heard on application for grant of leave to appeal. We find that the respondent accused has been acquitted after full-fledged trial mainly on the basis that the appellant-prosecutrix, herself, has not supported the case of the prosecution, we have gone through the statement of the appellant/prosecutrix (PW4) filed by the appellant along with the memo of appeal. A reading of the same shows that the prosecutrix, herself, has not supported the case of the prosecution and the report was lodged in the background that despite repeated calls, the respondent was not responding and stated that he does not want to continue with the affair. The appellant has been declared hostile and even in the examination at the instance of the prosecution, she has not supported any allegation of commission of rape on her. Therefore, the acquittal appeal is dismissed. Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Rekha