c^' i" ^ /^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISiON BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. Cr.M.P.(PR) No.44S7of2007. The State of Chhattisgarh, Through: District MagisSEafe, Raigarh (C.G.). Ravishankar Sidar, S/o Mahingat Sidar, Aged about -24 years, R/o Chakabahal, P.S. Tamnar, Tahsit- Gharghoda, District Raigarh (C.G.). Present: Shri Akhii Mishra, iearned Deputy G.A. for the State. rder of the Court was passed by 3y ailowing i.A.No.02, the documents filed along with this appiieation are taken on record. 2) Shri Akhil Mishra, learned Deputy Government Advocate is heard on I.A.No.01, an application for condonation of the delay in filing the petition under Section 378 (3) of Cr.P.C. 3) On due consideration of the submissions of tearned Deputy Government Advocate and the grounds taken in the application, we •are satisfied that the petitioner/ State has succeeded in showing ai.Ss,-*''- 2 sufficient cause for the delay in filing fhe petition under Section 378 (3) of Cr.P.C. 4) I.A.No.01, therefore, is allowed and the delay of 51 days in filing the petition under Section 378 (3) of Cr.P.C. is hereby condoned. 5) Learned Deputy Government Aavocate is heard on the question of grant of leave to'-*appeal against the acquittal of respondenV accused Ravishankar Sidar. 6) Police Tamnar, District Raigarh after compietion of the investigation ofthe case registered on the report ofthe prosecutrix, charge-sheeted respondeny accused Ravishankar Sidar for the alleged commission of offence punishable under Section 376 of the Indian Penal Code (for short 'I.P.C.') on the accusation of his having committed sexual intercourse with the prosecutrix without her consent and against her will for a period of about three years between 2003 and 2006. 7) Respondent/ accused Ravishankar Sidar abjured his guilt and pleaded false implication to the charge framed by the trial Court under Section 376 ofthe I.P.C. 8) Even aocording to the prosecutrix; the first act of sexuat intercourse was committed by the accused some time i.n the year 2003 and thereafter several acts of said nature were repeated by the accused till the year 2006. The First Information Report (Ex.P/6) came to be todged after three years on 22.09.2006. The prosecutrix is a grown-up woman aged about 22 years. Her K; K •!; medical examination reveals that she was found to be habitual to sexua! intercourse. 9) On due consideration of the submissions of learned Deputy Govemment Advocate; the findings recorded by the trial Court teading to acquittal of respondent/ accused Ravishankar Sidar; and the above-mentioned broad features of the case, we are satisfied that the flndings recorded by the triat Court leading to acquittai of respondent/ accused Ravishankar Sidar, do not suffer from any such infirmity, which may warrant interference by this Court in this appeai against acquittal. 10) Mere possibility of another view on the prosecution evidence will not by itself be a sufficient ground to warrant interference in an appeal against acquittal. 11) The petition fiied under Section 378 (3) of Cr.P.C. for grant of leave to appeal against the acquittal of respondent/ accused Ravishankar Sidar, therefore, fails and is hereby dismissed summanly. Sd/- ChiefJustice Sd/- Suni! Kumar Sinha Judge subbu