State Of Chhattisgarh vs Shivanand @ Shiba Sahu
2022 Latest Caselaw 1092 Chatt

                                                                                  NAFR
                        HIGH COURT OF CHHATTISGARH, BILASPUR

                                      CRMP No. 1346 of 2021

               State of Chhattisgarh through Police Station: Saraipali, District
               Mahasamund Chhattisgarh.

                                                                         ---- Petitioner

                                             Versus

               Shivanand @ Shiba Sahu S/o Madhusudan Sahu, aged about 20
               years R/o Village: Kejuwa, P.S: Saraipali, District: Mahasamund
               Chhattisgarh.

                                                                     ---- Respondent

           ____________________________________________________________

               For Petitioner/State       : Mr. Sudeep Verma, Dy. G.A.
               For Respondent             : None.


                 DB Hon'ble Shri Justice Rajendra Chandra Singh Samant
                      Hon'ble Shri Justice Arvind Singh Chandel
                                    Order On Board

          Rajendra Chandra Singh Samant, J.

28.02.2022

1. Heard application praying for leave to file acquittal appeal against the impugned judgment dated 28.07.2021 passed in Special Case No.15 of 2020 by the Special Judge (POCSO Act) in Saraipali, acquitting the respondent/accused from the charges under Section 363, 366 (a), 376 (2) (n) of IPC and Section 6 of POCSO Act.

2. Considered the submissions made by the counsel for the State/Petitioner. After perusing the depositions of the prosecutrix and other witnesses, we are of the view that it is not a fit case in which leave should be given to file acquittal appeal. Hence, the petition is rejected.

3. Accordingly, the instant petition is disposed of.

                            Sd/-                                         Sd/-

                       (R.C.S. Samant)                      (Arvind Singh Chandel)
                           Judge                                     Judge


Saurabh