on Board Per Ramesh Sinha , Chief Justice

02.04

.2024

1. I.A. No. 01 of 2024, is an application for condonation of delay of 170 days in filing the appeal. The cause shown is found to be sufficient. The application stands allowed.

2. The State has sought leave to appeal against the impugned judgment of acquittal dated 14.07.2023 passed in POCSO Case No. 76/2021 (State of Chhattisgarh vs. Ramesh Kumar Yadav) by the Court of Additional Sessions Judge, Fast Track Special Court (POCSO Act & Rape Cases), Gariyaband (C.G.) whereby the accused/respondent has been acquitted from the charge punishable under Sections 363 , 366, 376(2)(n) of IPC and Section 6 of the Protection of Children from Sexual Offences Act and Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the ground that the prosecution has failed to prove that the victim was below the age of 18 years.

3. Case of the prosecution, in brief, is that on 03.09.2021, the prosecutrix (PW-1) made a written complaint (Ex.P-1) to the Police Station, Devbhog, District Gariyaband alleging that the accused/respondent had abducted her from lawful guardianship on the pretext of marriage a