High CourtsDivision Bench(2019) 09 CHH CK 0144

State Of Chhattisgarh Through Police Station Kansabel vs Ankit Vishwakarma

Chhattisgarh High Court · Decided on 23 September 2019

HON’BLE JUDGES
Prashant Kumar Mishra, J · Gautam Chourdiya, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (CRMP) No. 2118 Of 2019

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Judgment

10 paragraphs · 163 words

Prashant Kumar Mishra, J

1.

Heard.

2.

On due consideration, delay of 141 days in filing the present Cr.M.P. is condoned. Accordingly, I. A. No.1 is allowed.

3.

The trial Court has acquitted the accused of the charges under Sections 363, 366 , and 376(2)( ) of the IPC and CRMP No. 2118 of 2019 Section

6 of the Protection of Children from Sexual Offences Act, 2012.

4.

The accused allegedly abducted the prosecutrix and committed forcible sexual intercourse by pressurizing her to perform marriage. PW-1, Ramsai

Vishwakarma, father of the prosecutrix, has turned hostile, similarly the prosecutrix herself, examined as PW-2, has turned hostile and has not

supported the case of prosecution at any stage of her examination. Her mother, Kiran Vishwakarma (PW-3), has also turned hostile.

5.

Considering the nature and quality of evidence available on record, we are not inclined to grant leave to appeal against the acquittal.

6.

Accordingly, the present Cr.M.P. deserves to be and is hereby dismissed.