^( HIGH GOURT OF CHHATT!SGARH AT BILASPUR DB: Hon'ble Shri T.P. Sharma & Hon'ble Shri R.N. Chandrakar. JJ. CrM,P,No.959/2010 Applicant/ nppeiiant Non-appHcant Respondent Vs. Stete of Chhattisgarh, Through the District MagistFate District Surguja Rajlal, S/o. Arjun, Aged about 28 years, Occupation Agriculturist, R/o. Village Bhuneshwarpur, ^Narmadapara, P.S. Ramanujnagar, District Surguja (CG) Present: Shri D.K. Gwalre, Govt. Advoeate for the applicant/State. ORALORDER (02.02.2011) The followlng order ofthe Courtwas delivered by T.P.Sharma, J. Heard on I.A. No.1, application for condonation of de'ay in filing the petition. On due consideration "f reasons assigned in the application which is duiy supported by affidavit of counse! for the applicant, !.A. NQ. 1 is a'iowed and delay is condoned. 1. By this petition filed under Section 378(3) and memorandum of appea! under Section 378(1) of the Code of Criminal Procedure, the petitioner has prayed for leave to appeal against the judgment of acqyittal dated "12.04.2010 passed by the First Additional Sessions Judge, Surajpur, District Surguja in Sessions Tria! No.QI/2009, whereby leamed Additional Sessions Judge has acquitted the respondent/aceused from the charges under Section 363, 366 & 376(1) ofthe Indian Penal Code. % 2. Judgment impugned, copy of charge sheet, copy of statement of witnesses, evidence of prosecutrix (PW-5) ha'/e been perused. 3. Evidence of the prosecutrix reveals thatshe is aged about 19 years, she was called by the respondent/accused and the respondent maintained physical re!atiQnsh!p with herand he had promised tcrmarry her. !". her evidence, she has not deposed that the respondent has: committed intercourse with her without her will or consent or she was abdycted by the respondent. 4. !n the absence of any evidence against the respondent in thestatement of prosecutrix (PW-5), we do not find any ground to leave the appeal against the judgment of acquittal passed by First Additional Sessions Judge, Surajpur in Session Trial No.01/09. Consequently, the petition is liable to be and is accordingly dismissed. SdA '•i* Shaiina Judge Sd/- / R.N.Chandrakar /. Judge -- I.