State Of Chhattisgarh vs Banshilal Dehre
2023 Latest Caselaw 537 Chatt

                                                                NAFR

          HIGH COURT OF CHHATTISGARH, BILASPUR

        Criminal Miscellaneous Petition No.1283 of 2020
State of Chhattisgarh, Through its Station House Officer, Police
Station Berla, District Bemetara, Chhattisgarh.

                                                       ---- Petitioner

                               Versus

Banshilal Dehre, S/o Bhagela Dehre, aged about 34 years, Resident
of Village Boriya, Police Station Berla, District Bemetara,
Chhattisgarh.

                                                     ---- Respondent

For Petitioner : Mr. Alok Nigam, Advocate.

For Respondent : not noticed.

Hon'ble Shri Justice Arvind Singh Chandel

Order On Board

25/01/2023 Heard on admission.

1. This is an application for grant of leave to appeal under Section

378(3) of the Code of Criminal Procedure, 1973, being

aggrieved by the judgment of acquittal dated 04.01.2020

passed by the Special Court (POCSO Act, 2012), Bemetara

(C.G.) in Special Session Case No.28/2018.

2. I have heard learned Counsel appearing for the Petitioner,

perused the impugned judgment and also gone through the

evidence adduced by the prosecution before the Trial Court.

3. On perusal of statements of the victim (PW-2) and her mother

(PW-1), in my considered view, the Trial Court has rightly

disbelieved their statements. Therefore, I do not find any

ground to grant leave to appeal in this case.

4. Accordingly, the application for grant of leave to appeal is

dismissed. Resultantly, the Criminal Miscellaneous Petition is

also dismissed.

Sd/-

(Arvind Singh Chandel) Judge Shubham