Patna High CourtCR. APP (DB)/1421/2017dismissed

Taranum Ara v. State Of Bihar And ANR

2018-03-20Mr. Justice Hemant Kumar Srivastava,Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.1421 of 2017 Arising Out of PS. Case No.-278 Year-2014 Thana- KISHANGANJ District- Kishanganj ====================================================== Taranum Ara, D/o Tauhid Alam, Resident of Village-Tengarmari Salki, P.S. and District-Kishanganj.

... ... Appellant

Versus

1. The State of Bihar

2. Munazir S/o Matiur Rehman Resident of Village-Tengarmari Salki, P.S. and District-Kishanganj.

... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Md. Shahnawaz Ali For the Respondent/s :

Mr. DILIP KUMAR SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA And HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 20-03-2018 Ref:-I.A. No. 2773 of 2017 Heard learned counsel for the Appellant as well as learned Addl. Public Prosecutor for the State on the point of admission as well as I.A. No. 2773 of 2017, which has been filed under Section 378(3) of the Code of Criminal Procedure. The grievance of the appellant is that she was minor at the time of alleged occurrence of rape, but in spite of that the learned Court below acquitted the Respondent No.2 of the charge framed against him under Section 376 of the Indian Penal Code, but from perusal of the impugned Judgment, we

Patna High Court CR. APP (DB) No.1421 of 2017(6) dt.20-03-2018 2/2 find that the learned Court below has passed a well discussed and well thought Judgment and furthermore, we find that the prosecution could not succeed to prove the age of the Appellant before the Court below as no Medical Examination Report was brought on the record. Therefore, we do not find any ground to interfere into the impugned Judgment of acquittal, accordingly, this Criminal Appeal as well as I.A. No. 2773 of 2017 stand dismissed on admission stage itself.

(Hemant Kumar Srivastava, J) ( Rajendra Kumar Mishra, J) Manish/- U T