Bibi Anjum Ara @ Angeeda @ Anjum Ara v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

SLA No.48 of 2018 In CRIMINAL APPEAL (DB) No.623 of 2018 Arising Out of PS. Case No.-2006 Year-2007 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Bibi Anjum Ara @ Angeeda @ Anjum Ara D/o Md. Sahabuddin, Resident of village- Pithna, P.S. Goradih, District-Bhagalpur. ... ... Appellant.

Versus

1.

The State Of Bihar.

2.

Md. Bari, Son of Md. Waliuddin, Resident of village- Pithna, P.S. Goradih, District-Bhagalpur.

... ... Respondents.

====================================================== Appearance :

For the Appellant :

Mr. Satish Chandra Mishra, Advocate.

Mr. Md. Nurul Hoda, Advocate.

For the State :

Mr. Bipin Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 18-07-2019 Heard learned counsel for the appellant and the learned A.P.P. for the State.

2. This Special Leave to Appeal has been filed on behalf of the appellant under Section 378(4) of the Code of Criminal Procedure, seeking leave to file appeal against the Judgment dated 05.03.2018 passed in Sessions Trial No.1207 of 2011/Trial No.657 of 2017, arising out of Complaint Case No.2006 of 2007, whereby and whereunder the learned 7th Additional Sessions Judge, Bhagalpur, acquitted the respondent no.2 of the charge framed against him for the offence punishable

Patna High Court SLA No.48 of 2018 dt.18-07-2019 2/2 under Sections 376 of the Indian Penal Code.

3. From perusal of the impugned Judgment, it is apparent that the learned trial court has discussed the oral evidence of four prosecution witnesses, two defence witnesses and also the documentary evidence produced in course of trial and came to the conclusion that the prosecution has miserably failed to prove the charge against the respondent no.2 under Section 376 of the Indian Penal Code beyond shadow of all reasonable doubt and, accordingly, acquitted the respondent no.2 of the charge framed against him for the offence punishable under Section 376 of the Indian Penal Code.

4. I find no merit in the present Special Leave to Appeal and, accordingly, the same is dismissed. (Rajendra Kumar Mishra, J) Pradeep Srivastava/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.07.2019.

Transmission Date 19.07.2019.