High CourtsDivision Bench

State Of Chhattisgarh vs Santosh Nagesiya

Chhattisgarh High Court · Decided on 29 July 2019 · Citation: (2019) 07 CHH CK 0176

HON’BLE JUDGES
Prashant Kumar Mishra, J · Gautam Chourdiya, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (CRMP) No. 1395 Of 2019

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 145 words

Prashant Kumar Mishra, J

1.

Heard I.A. No.1

2.

This is an application for condonation of delay in filing the present Cr.M.P.

3.

On due consideration, delay of 131 days in filing the Cr.M.P, is condoned. Accordingly, I. A. No.1 is allowed.

4.

The trial Court has acquitted the accused of the charges under Sections 363, 366 क, 376(2)(ढ) of IPC and Section 6 of Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

5.

Although prosecutrix is less than 18 years of age on the date of incident but when examined in Court she has turned hostile and has not supported the case of the prosecution at any stage of her examination.

6.

Considering the nature and quality of evidence available on record the present is not a fit case for grant of leave to appeal. Accordingly, Cr.M.P. is dismissed.