State Of Chhattisgarh vs Sawan Sonone
2021 Latest Caselaw 1847 Chatt

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                                                                                      NAFR
                           HIGH COURT OF CHHATTISGARH, BILASPUR
                                                CRMP No. 1248 of 2020
                      • State Of Chhattisgarh Through Station House Officer, Police Station
                        City Kotwali, District Bemetara Chhattisgarh.      ---- Petitioner
                                                      Versus
                      • Sawan Sonone S/o Kishor Rao Sonone Aged About 21 Years R/o
                        Gali No. 1, 86/2 Moti Tavela, Near Collector Office, Police Staiton
                        Raoji Bazar, District Indore, (Madhya Pradesh), District : Bemetara,
                        Chhattisgarh                                     ---- Respondent


                     •   Mr. Ansuman Shrivastava, PL for the State.


                         D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava

                                 Hon'ble Smt. Justice Vimla Singh Kapoor

                                                Order on Board

                  Per Manindra Mohan Shrivastava, J.

18.08.2021 Heard on prayer for grant of leave to appeal.

Though State counsel would argue that the prosecution has led

evidence of the school certificate and oral evidence that the prosecutrix was

minor in age on the date of commission of offence and therefore, consent

was not material, we find that the learned trial Court has minutely

scrutinized the evidence with regard to age and taking into consideration the

discrepancy in the oral evidence and that the school records were not duly

proved in accordance with law has recorded and finding that the prosecution

has failed to prove the age of the prosecutrix beyond reasonable doubt. No

other clinching evidence of birth certificate or ossification test were led the

prosecution. Therefore, the finding of the learned trial Court does not suffers

from any perversity or patient illegality. Given the limited scope of

interference against the judgment of acquittal, we do not consider present to

be a fit case for grant of leave to appeal.

Accordingly, application is rejected.

                               Sd/-                                           Sd/-

                  (Manindra Mohan Shrivastava)                       (Vimla Singh Kapoor)
                             Judge                                          Judge
Pawan Prajapati