The High Court condoned a 107-day delay in filing a CRMP. It dismissed the petition, holding that the trial court's acquittal was justified because the prosecutrix and her parents turned hostile in court, and no case for allowing leave to appeal was made out.
CRMP dismissed; leave to appeal against acquittal refused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
CRMP No. 229 of 2019
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 229 of 2019
---- Applicant
Versus
---- Respondent
For Applicant-State
:- Shri K.K. Singh, GA.
Hon'ble Shri Prashant Kumar Mishra Hon'ble Shri Gautam Chourdiya, JJ.
Order on Board By
Prashant Kumar Mishra, J
23/10/2019
2
CRMP No. 229 of 2019
Protection of Children from Sexual Offences Act, 2012 in the alternative Section 376(ञ)(ढ) of the IPC.
Sd/Sd/(Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge
Ankit
3 issues framed by the court
Whether to condone the delay of 107 days in filing the CRMP under Article 227 of the Constitution.
Whether there is a case for granting leave to appeal against the acquittal given the prosecutrix and family turned hostile.
Whether to allow or dismiss the Criminal Reference Petition against the acquittal of the accused.
3 provisions across 2 enactments
State of Chhattisgarh Through Its Station House Officer Police Station Nawagarh, District Janjgir Champa, Chhattisgarh
Satish @ Shani Sahu S/o Shashi Bhushan Sahu
Prashant Kumar Mishra
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
