State Of Chhattisgarh vs Awadhesh Kumar Rajpur
2021 Latest Caselaw 1391 Chatt

                                                                  NAFR

         HIGH COURT OF CHHATTISGARH, BILASPUR
                         CRMP No. 1274 of 2020
     State Of Chhattisgarh Through Its Station House Officer, Police
      Outpost Maro, Police Station Nandghat, District Bemetara
      Chhattisgarh.                                   ---Petitioner.
                                Versus
     Awadhesh Kumar Rajpur S/o Ramsharan Rajput Aged About 23
      Years Resident Of Village Ghorha, Police Station Nandghat,
      District Bemetara Chhattisgarh.           --- Respondent.


For the State       :-     Mr. Lalit Jangde, Dy. GA.


      Hon'ble Shri Justice Manindra Mohan Shrivastava
         Hon'ble Smt. Justice Vimla Singh Kapoor,

   Order on Board by Justice Manindra Mohan Shrivastava, J.

27.07.2021 Heard on application for grant of leave to appeal.

Though learned State counsel would submit that the prosecutrix

has stated regarding commission of offence of rape on her by the

accused and there is evidence that the prosecutrix was minor, after

going through the impugned judgment and the evidence recorded

during trial we find that the learned trial Court while coming to the

conclusion that the prosecution has failed to prove its case beyond

reasonable doubt has taken into consideration that the DNA report does

not show the accused as the biological father of the child in womb. The

evidence with regard to the age has also been found to be doubtful by

the learned trial Court because the entries made in the school register

has not been proved in accordance with law and no clinching evidence

has been brought on record with regard to the age except oral evidence

which also suffers from inherent contradiction in view of the evidence of

the parents of the prosecutrix. The report was lodged in the Police

station when the prosecutrix became pregnant and was carrying about

7 months pregnancy, therefore, we do not find any merit in the

application.

CRMP is accordingly dismissed.

                  Sd/-                                    Sd/-
       (Manindra Mohan Shrivastava)               (Vimla Singh Kapoor)
                 Judge                                  Judge
Ajay