State Of Chhattisgarh vs Manoj Yadav
2023 Latest Caselaw 770 Chatt

                                         1




              HIGH COURT OF CHHATTISGARH, BILASPUR

                            CRMP No. 966 of 2020

  1. State of Chhattisgarh Through Police Station Baloda District Janjgir Champa
     Chhattisgarh.

                                                                  ---- Petitioner

                                   Versus

  1. Manoj Yadav S/o Ramesh Yadav Aged About 20 Years R/o Beltukri, Chowki
     Pantora, Police Station Baloda District Janjgir Champa Chhattisgarh.

  2. Raja Babu Chouhan S/o Shukrawar Singh Aged About 21 Years R/o Beltukri,
     Chowki Pantora, Police Station Baloda District Janjgir Champa Chhattisgarh.

  3. Shyam Yadav @ Chukki Yadav S/o Manharan Yadav Aged About 23 Years R/o
     Beltukri, Chowki Pantora, Police Station Baloda District Janjgir Champa
     Chhattisgarh, District : Janjgir-Champa, Chhattisgarh

  4. Krishna Kumar Yadav @ Lalu Yadav S/o Samar Singh Aged About 26 Years
     R/o Beltukri, Chowki Pantora, Police Station Baloda District Janjgir Champa
     Chhattisgarh.

  5. Vinod Kumar Chouhan S/o Sahasram Chouhan Aged About 26 Years R/o
     Beltukri, Chowki Pantora, Police Station Baloda District Janjgir Champa
     Chhattisgarh.

                                                               ---- Respondents

For Petitioner/State : Mr. Samir Oraon, Govt. Advocate. For respondents : Mr. Ravindra Sharma, Advocate.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board

07-02-2023

Heard.

1. As Mr. Ravindra Sharma, Advocate put in appearance on behalf of all the

respondents, therefore, fresh notice of acquittal appeal need not be

issued to them.

2. This is an application under Section 378(3) of the Code of Criminal

Procedure, 1973 for grant of leave to appeal.

3. Applicant State has preferred an acquittal appeal against the judgment

dated 24.01.2020 passed in Special Sessions Trial No.02/2019 by which

learned Special Judge (under POCSO Act, 2012) Janjgir, District-Janjgir

Champa, Chhattisgarh acquitted the respondent/accused from the

charges punishable under Sections 354 of the Indian Penal Code and

Section 8 of POCSO Act, 2012.

4. Perused the impugned judgment of the learned Court below, statement

of both the prosecutrix as well as other material available on record.

5. On due consideration, it appears that present is a fit case where leave

should be granted. CRMP is allowed. Leave to appeal is granted.

6. Registry is directed to register the CRMP as 'Acquittal Appeal' and list it after four weeks.

7. Accordingly, this CRMP is disposed off.

Sd/-

(Arvind Singh Chandel) JUDGE Nisha