Jai Prakash Chaurasia v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2892 of 2018 Arising Out of PS. Case No.-56 Year-2003 Thana- PAROO District- Muzaffarpur ====================================================== Jai Prakash Chaurasia Son of Late Nakal Prasad Chaurasia, Residents of Village- Dewaria Bania Tola, P.S.- Dewaria, District- Muzaffarpur. .. ... Appellant/s

Versus

1. The State Of Bihar and Ors

2. Gopal Das, Son of Durga Das, Resident of Village- Chanpura Math, P.S.- Dewaria, District- Muzaffarpur.

3. Md. Mainuddin Ansari, Son of Asim Ansari, Resident of Village- Balia West Tola, P.S.- Dewaria, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shakti Suman Kumar For the Respondent/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 23-01-2019 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.

Gone through the evidences available on the record, considering the discrepancy and further, absence of positive evidence irrespective of the fact that victim was a Student, no document with regard to her minority coupled with her conduct, whereunder she had stated that right from her house to Patna to Bhushawal to Gujarat, she had taken precaution to attract the people, passengers, police, who were by her side, the judgment impugned did not warrant interference. Consequent thereupon, instant appeal sans merit and is accordingly, dismissed.

Accordingly, I.A. No.2832 of 2018 is rejected. (Aditya Kumar Trivedi, J) vikash/- U T