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High Court Of ChhattisgarhCRMP/42/2020allowed

State Of Chhattisgarh v. Ramkumar Patre

2020-01-10Hon'Ble Shri Justice Prashant Kumar Mishra,Hon'Ble Shri Justice Gautam Chourdiya2 pages

CRMP No. 42 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 42 of 2020 • State Of Chhattisgarh Through The Police Station Kota, District - Bilaspur Chhattisgarh.

---- Applicant

Versus

1. Ramkumar Patre S/o Babulal Patre Aged About 35 Years R/o Village Bhunda, Police Station Kota, District - Bilaspur Chhattisgarh.

2. Smt. Godavari Patre W/o Ramkumar Patre, Aged About 30 Years R/o Village Bhunda, Police Station Kota, District - Bilaspur Chhattisgarh.

---- Respondents For Applicant-State :- Shri Chitendra Singh, PL Hon'ble Shri Justice Prashant Kumar Mishra & Hon'ble Shri Justice Gautam Chourdiya Order On Board By Prashant Kumar Mishra, J.

10/01/2020

1. On due consideration delay of 123 days in filing of the Cr.M.P. is condoned.

Accordingly, I.A. No.01 for condonation of delay is allowed.

CRMP No. 42 of 2020

2. The trial Court has acquitted the accused- Ramkumar Patre of the charges under Sections 376, 506 of the I.P.C., Section 67(क) of the Information Technology Act, 2000 while acquitted the accused- Godavari Patre of the charges under Sections 376(डड) of the I.P.C., Section 67(क) of the Information Technology Act, 2000.

3. Considering the statement of the prosecutrix and the nature of allegations, we are inclined to grant leave to appeal against acquittal.

4. Accordingly, the Cr.M.P. is allowed.

5. Let regular Acquittal Appeal be registered and the same be placed for consideration in the next week.

SD/- SD/- (Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge Ayushi