Citation : 2021 Latest Caselaw 1634 Chatt
Judgement Date : 6 August, 2021
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 936 of 2020
State Of Chhattisgarh Through Police Station Khairagarh, Crime
No. 256/18, District Rajnandgaon Chhattisgarh, District :
Rajnandgaon (CG) ---- Petitioner.
Versus
Yogendra Singh @ Yugal Singh Thakur S/o Preetam Singh
Thakur, Aged About 24 Years R/o Karmachari Nagar Durg,
Police Station Mohan Nagar, Durg (CG) --- Respondent.
For the State :- Mr. Mateen Siddiqui, Dy. AG.
Hon'ble Shri Justice Manindra Mohan Shrivastava
Hon'ble Smt. Justice Vimla Singh Kapoor,
Per Manindra Mohan Shrivastava, J.
06.08.2021 Heard on application for condonation of delay as well as prayer
for grant of leave to appeal against the judgment of acquittal.
Even if, we were inclined to condone the delay, upon due
consideration we do not find that the judgment of learned trial Court
suffers from any patent illegality or perversity. The prosecutrix'
statement clearly shows that it was a consensual affair and sexual
intercourse. The author who made entries in the school register was not
examined and one who was examined does not know on what basis
such entries were made. The parents, brother of the prosecutrix as also
the prosecutrix statement renders highly doubtful that at the time of
commission of offence she was 18 years of age, therefore, there is no
merit in this case.
CRMP is accordingly dismissed.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor)
Judge Judge
Ajay
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