High Court condoned filing delay in the appeal. The bench examined the trial court's acquittal in a rape case, concluding that due to lack of injuries and unexplained FIR delay, the prosecution story was doubtful. The appeal for leave was rejected.
Application for condonation of delay allowed; prayer for leave to appeal rejected; petition 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.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 872 of 2019
State Of Chhattisgarh Through-Station House Officer, Police Station-Arang, District- Raipur, Chhattisgarh
---- Petitioner
Versus
Sanesh Yadav S/o Narad Yadav Aged About 31 Years R/o Kosamkunta, Police Station-Arang, District- Raipur, Chhattisgarh
--- Respondent
For Petitioner/State
: Mr. Vikash Shrivastava, Panel Lawyer.
DB : Hon'ble Shri Justice Manindra Mohan Shrivastava
Hon'ble Smt. Justice Rajani Dubey
Order On Board
18/06/2019
each other. In this background of the evidence on record, the view taken by the learned trial Court that the prosecution story is not free from doubt and, therefore, the accused is entitled to benefit of doubt is a possible view based on established circumstances. Therefore, keeping in view the limited scope of interference against judgment of acquittal, merely because another view may be possible, we are not inclined to interfere with the impugned judgment of acquittal.
Sd/Sd/(Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge
Ravi
1 issue framed by the court
Whether the High Court should interfere with the trial Court's acquittal despite prosecutrix supporting the rape narrative.
1 provisions across 1 enactments
State Of Chhattisgarh Through-Station House Officer, Police Station-Arang, District- Raipur, Chhattisgarh
Sanesh Yadav S/o Narad Yadav Aged About 31 Years R/o Kosamkunta, Police Station-Arang, District- Raipur, Chhattisgarh
Manindra Mohan Shrivastava
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
