1 2025:CGHC:11337-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 367 of 2025 1 - State Of Chhattisgarh Through Aarkshi Kendra Chakarbhata District - Bilaspur (C.G.) ... Petitioner(s) versus 1 - Pankaj Loniya S/o Shri Anujram Loniya Aged About 22 Years R/o Vill- Kaya Ward No. 04, Thana Chakarbhata District - Bilaspur (C.G.) ... Respondent(s) For Petitioner/ State: Mr. S. S. Baghel, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 07. 03.2025 1. Heard on I.A. No. 01/2025, application under Section 5 of Indian Limitation Act, 1963 for condonation of delay in filing the leave to appeal. On due consideration, the I.A. No. 01/2025 is allowed. The delay in filing the leave to appeal is condoned. 2. The present application filed under Section 419 (4) of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of special leave to appeal. 2 3. Learned counsel for the petitioner/ State would submit that the learned trial Court has failed to consider the document related to the date of birth (Dakhil Kharij Register & Mark sheet) of the victim as well as radiologist report which clearly shows that the victim is below 18 years of age. He has further stated that the accused/ respondent forcefully made physical relation with the victim and forced her to consume poison then the victim became unconscious and when she regain her conscious she tried to fled from there and with the help of one truck driver she contacted her parents thereafter her parents took the victim at home. He further stated that the FSL report was found positive with respect to the semen as well as with the poison substance which she has consumed. The learned trial Court has committed gross error in recoding the finding that the victim was a consenting party and acquitted the accused/ respondent. 4. We have heard learned counsel for the petitioner and perused the impugned judgment and document annexed with the present case. 5. On due consideration, the application for leave to appeal is allowed. Registry is directed to register the case as regular acquittal appeal. 6. Let a bailable warrant be issued for a sum of Rs. 5000/- against the accused/ respondent through the concerned Superintendent of Police, Dist- Bilaspur for his appearance before this court on 21.04.2025. 7. The acquittal appeal be listed on 21.04.2025. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.03.13 11:50:41 +0530