State Of Chhattisgarh v. Amit Kumar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 74 of 2020 • State Of Chhattisgarh Through Station House Officer, Police Station Chakradharnagar, District Raigarh, Chhattisgarh ---- Applicant

Versus

• Amit Kumar, S/o Mayaram Kaiwart, Aged About 21 Years, R/o Beltukri, Police Station Masturi, District Bilaspur, Chhattisgarh ---- Respondent For Applicant Shri K. K. Singh, GA Hon'ble Justice Shri Prashant Kumar Mishra Hon'ble Justice Shri Gautam Chourdiya Order On Board by Shri Prashant Kumar Mishra J. 15/01/2020 1.

On due consideration, delay of 128 days in filing the CRMP is condoned. Accordingly, IA No.1/2020 is allowed. 2.

The Trial Court has acquitted the accused of the charges under Sections 363, 366 & 376 of IPC and Section 4 of the POCSO Act, 2012.

3.

The prosecutrix examined as PW-1 initially supported the prosecution, but at a later stage in the cross-examination, she denied that the accused has either abducted or committed forcible sexual intercourse with her. The parents of the prosecutrix examined as PW-2 Narayan Prasad and PW-3 have also turned hostile and have not supported the prosecution.

4.

Considering the quality of evidence on record, the present is not considered to be a fit case for grant of leave to appeal. 5.

Accordingly, the CRMP is dismissed.

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