State Of Chhattisgarh Through Police Station Lailunga Vs ailash Ekka

Chhattisgarh High Court 23 Sep 2019 Criminal Miscellaneous Petition (CRMP) No. 2116 Of 2019
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous Petition (CRMP) No. 2116 Of 2019

Hon'ble Bench

Prashant Kumar Mishra, J; Gautam Chourdiya, J

Advocates

R.Tripathi

Final Decision

Dismissed

Acts Referred

Indian Penal Code, 1860 — Section 363, 366, 376#Protection Of Children From Sexual Offences Act, 2012 — Section 6

Judgement Text

Translate:

Prashant Kumar Mishra, J

1. Heard.

2. On due consideration, delay of 330 days in filing the present Cr.M.P. is condoned. Accordingly, I.A. No.1 is allowed.

3. The trial Court has acquitted the accused of the charges under Sections 363, 366 and 376 of the IPC and Section 6 CRMP No. 2116 of 2019 of the

Protection of Children from Sexual Offences Act, 2012.

4. The accused allegedly abducted prosecutrix and committed forcible sexual intercourse on promise to marry, however, when examined in Court, the

prosecutrix has not supported the prosecution at any stage of her examination. Her mother, Sukanti Bhagat (PW-2), and father, Rameshwar, (PW-3),

have also turned hostile and have not supported the case of prosecution.

5. Considering the nature and quality of evidence available on record, we are not inclined to grant leave to appeal against the acquittal.

6. Accordingly, the present Cr.M.P. deserves to be and is hereby dismissed.

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