State Of Chhattisgarh v. Kishan Chauhan

CRMP No. 41 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 41 of 2020 • State Of Chhattisgarh Through Its Station House Officer, Police Station Kharsiya, District Raigarh Chhattisgarh. ---- Applicant

Versus

• Kishan Chauhan S/o Lomesh Chauhan Aged About 20 Years Resident Of Village Madanpur, Police Station Kharsiya, District Raigarh Chhattisgarh.

---- Respondent For Applicant-State :- Shri K.K. Singh, G.A.

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 31 days in filing of the Cr.M.P. is condoned. Accordingly, I.A. No.01, application for condonation of delay is allowed.

2. Learned trial Court has acquitted the accused of the charges under Sections 376(3) of I.P.C., Section 4 of the Protection

CRMP No. 41 of 2020 of Children from Sexual Offences Act, 2012.

3. Considering the prompt FIR and the statement of the prosecutrix as also the FSL report (Ex-P30), we are inclined to grant leave to appeal.

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