The state filed a condonation of delay application to seek leave to appeal an acquittal under the POCSO Act. The court condensed the 43-day delay but subsequently dismissed the main appeal, noting the prosecutrix denied the incident in court.
Condonation of delay in filing I.A. No.1 of 2019 allowed; Cr.M.P. No. 837 of 2019 dismissed.
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. 837 of 2019
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 837 of 2019
---- Appellant
Versus
---- Respondent
For Applicant-State :- Shri Santosh Bharat, PL
Hon'ble Shri Prashant Kumar Mishra
Hon'ble Shri Gautam Chourdiya, JJ.
Order on Board
By
Prashant Kumar Mishra, J
15/07/2019
I.A. No.1 of 2019
2
CRMP No. 837 of 2019
Sd/Sd/(Prashant Kumar Mishra) (Gautam Chourdiya) Judge Judge
Ankit
3 issues framed by the court
Whether leave to appeal under CrPC can be granted to the State against an acquittal when the prosecutrix denied the incident in court.
Whether delay in filing the application for leave to appeal can be condoned.
Whether the prosecution case stands made out despite the initial acquittal on facts.
State of Chhattisgarh Through Its Station House Officer, Police Station Jaijaipur
Fulsai S/o Budhram Kenwat
Prashant Kumar Mishra
Gautam Chourdiya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
