State Of Chhattisgarh vs Santosh Sidar
2021 Latest Caselaw 5 Chatt

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                                                                                         NAFR


               HIGH COURT OF CHHATTISGARH, BILASPUR
                                  CRMP No. 1209 of 2020
     • State of Chhattisgarh Through Police Station Malkharouda,
       District Janjgir Champa Chhattisgarh.      ---- Petitioner
                                                Versus
     • Santosh Sidar S/o Jeetram Sidar Aged About 24 Years R/o
        Village Darrabhata, Police Station And Tahsil Malkharouda,
        District Janjgir Champa Chhattisgarh.,    ---- Respondent

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For petitioner/State : Ms. Samiksha Gupta, Panel Lawyer

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DB: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Shri Justice Narendra Kumar Vyas.

Order on Board 01-04-2021

1. Heard on I.A.No. 1 of 2020, application for condonation of

delay in filing of the instant appeal as also application for

grant of leave to appeal .

2. Even if we are inclined to condone the delay in filing the

application for grant of leave to appeal, we do not find any

material in the application so as to warrant interference

against the judgment of acquittal.

3. On the submission that the victim sustained many injuries

and in the First Information Report promptly lodged, the

accused has been clearly named as assailant, but then, we

find that the victim himself has not supported the case of the

prosecution, turned hostile stating that he fell down and

might have sustained some injuries. Suggestions given to

him that the accused assaulted him, he specifically denied.

There is no other evidence of the incident to involve the

accused. In that view of the matter, the trial court, if we may say

so, had no option except to acquit the accused by giving benefit

of doubt. There is no merit in the petition to interfere with the

judgment of acquittal.

4. Accordingly, the instant CRMP stands dismissed.

                 Sd/-                          Sd/-
       (Manindra Mohan Shrivastava)       (Narendra Kumar Vyas)
                   Judge                            Judge


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