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High Court Of ChhattisgarhCRMP/202/2019dismissed

State Of Chhattisgarh v. Tilwshwar Verma

2019-07-31Hon'Ble Shri Justice Prashant Kumar Mishra,Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No.202 of 2019 • State Of Chhattisgarh, Through Police Station- Dongargarh, District- Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• Tileshwar Verma, S/o Tiran Verma, Aged About 20 Years, R/o Haransinghi, Police Station- Dongargarh, District- Rajnandgaon, Chhattisgarh ---- Respondent For Applicant Shri Rajesh Singh, Dy. GA Hon'ble Justice Shri Prashant Kumar Mishra Hon'ble Justice Shri Gautam Chourdiya Order On Board by Prashant Kumar Mishra J.

31/07/2019 1.

On due consideration, delay of 344 days in filing the CRMP is condoned. Accordingly, IA No.1/2019 is allowed. 2.

The Trial Court has acquitted the accused of the charges under Sections 363, 366 & 376 (2) (n) of IPC and Sections 4 & 6 of the Protection of Children From Sexual Offences, Act, 2012. 3.

The prosecutrix eloped with the accused on 16.09.2016. She would state her date of birth to be 28.10.1997. Thus, on the date of incident, she was more than 18 years of age. She would further state that she had gone to Surat with the accused in search of livelihood and both of them married at a temple at Surat. She has not made any further allegation against the

accused in her examination saying that she has no complaints against the accused and presently she is carrying 9th month's pregnancy from the accused.

4.

Considering the nature and quality of evidence, we are not inclined to grant leave to appeal. Accordingly, the CRMP is dismissed.

Sd/- Sd/- Prashant Kumar Mishra Gautam Chourdiya Judge Judge Nirala