State of Chhattisgarh v. Rakesh Haldar
Case brief
What is this about?
The High Court rejected an application for leave to appeal against a special judge's acquittal of the accused in a POCSO case. The court held that the prosecution failed to prove guilt due to witness contradictions and lack of medical corroboration, finding no substantial grounds to disturb the acquittal.
What did the court decide?
Leave to appeal is rejected and the appeal is dismissed.
What the court decided
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 1274 of 2022
- State Of Chhattisgarh through its Station House Officer, Police Station Chhote Bethiya, District North Bastar, Kanker, CG
---- Petitioner
Versus
- Rakesh Haaldhar, Son. Shyamal Haldar, aged 19 years, R/o. Village P.V. 62, Swaroopnagar, PS Chhotebethiya, Distt. North Bastar, Kanker, CG
---- Respondent
(Cause-title taken from Case Information System)
For Petitioner : Mr. Gurudev I. Sharan, Government Advocate
Hon'ble Mr. Ramesh Sinha, Chief Justice
Issues for consideration
3 issues framed by the court
Whether the High Court should grant leave to appeal against the trial court's acquittal of the accused under Sections 363, 376(3) IPC and Section 4 POCSO Act.
Whether the trial court's finding of failure to prove guilt stands correct given the contradictions in prosecution witness statements and lack of medical corroboration.
Whether substantial and compelling reasons exist to interfere with the acquittal under Section 378(3) Cr.P.C.
Parties & counsel
- petitioner
State Of Chhattisgarh through its Station House Officer, Police Station Chhote Bethiya, District North Bastar, Kanker, CG
- respondent
Rakesh Haaldhar
Coram
Ramesh Sinha
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · September
- Registered
- Case no.
- CRMP/1274/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court