The State Of Bihar v. Md. Munna @ Mukesh Yadav

IN THE HIGH COURT OF JUDICATURE AT PATNA

Govt. Appeal (DB) No 7 of 2017 Arising Out of PS.Case No. -null Year- null Thana -null District- MUNGER =========================================================== The State of Bihar .... .... Appellant/s

Versus

Md Munna @ Mukesh Yadav S/o Md Taiyab resident of mohalla - Topkhana Bazar, P.S. - Kotwali, District - Munger.

.... .... Respondent/s =========================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH And HON'BLE MR JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) Date: 23-02-2017 Delay in filing the appeal is condoned.

IA No 379 of 2017 stands disposed of.

Heard the learned counsel for the State in support of this Government Appeal and perused the judgment. We see no reason to interfere.

The accused was charged for an offence under Sections 376, 354 and 420 of Indian Penal Code and the trial Court has rightly acquitted him. The prosecution story is that the informant claims that she had lodged a Sanha at the Jamalpur Police Station regarding the disappearance of her husband. Thereafter the accused, posing as an Officer-in-charge of Jamalpur PS, befriended her and used to frequently visit her, spend the night on the plea that he would arrange

Patna High Court G. APP. (DB) No.7 of 2017 dt.23-02-2017 2/2 a job for her daughter. He took the daughter also alone. She alleges that he had, thus, raped her daughter. The trial Court has considered her evidence as PW 1 and clearly found that there was no element of rape so far as this witness is concerned. It was clearly a consensual sexual intercourse. So far as the daughter of the informant is concerned, she has been examined as PW 2 and she has clearly admitted that all that the accused person did, he held her hands and nothing beyond that.

In view of the aforesaid, we find no reason to interfere. This appeal is dismissed.

(Navaniti Prasad Singh, J) (Vikash Jain, J) U T M.E.H./-