State Of Chhattisgarh v. Manoj Kumar Ratre

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 2531 of 2018 • State Of Chhattisgarh Through The District Magistrate, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

• Manoj Kumar Ratre S/o Top Lal Ratre Aged About 21 Years R/o Village Lavsara, Police Station Baradwar, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondent For Appellant/ State:

Shri Anand Verma, Government Advocate.

None For Respondent.

D.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order on Board Per Manindra Mohan Shrivastava, J.

22-01-2019 Heard on prayer for grant of leave to appeal. 2.

Learned State counsel would argue that the Learned Trial Court as acquitted the respondent without proper appreciation of the evidence of the prosecutrix and other evidence, which proved that the appellant committed sexual intercourse with the prosecutrix and that too without her consent and further that the prosecutrix is minor. 3.

We have gone through the impugned judgment of conviction and order of sentence and the evidence led by the prosecution. 4.

Even if it were to be assumed that the prosecutrix was minor and what we see from her evidence, if any allegation whatsoever against the respondent much less allegation of she having been abducted or that she was subjected to rape by the respondent. Therefore, the Learned Trial Court has committed no illegality or perversity in ordering acquittal of the respondent. In our considered opinion, no case for grant of leave to appeal is made out.

5.

Accordingly, this petition is dismissed.

SD/- SD/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Tumane