Case Facts:
Patna High Court CR. APP (DB) No.1056 of 2012 (2) dt.31-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.1056 of 2012 ====================================================== Uday Sao son of Jagdish Sao, resident of village- Sheobhajan Bigaha, P.S.- Haspura, District- Aurangabad .... .... Appellant/s Versus 1. State of Bihar 2. Lakhan Rajbanshi son of Late Dasrath Rajbanshi, resident of village- Sheobhajan Bigaha, P.S.- Haspura, District- Aurangabad .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mrigendra Kumar, Advocate For the Respondent/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 2 31-10-2012 The appellant has challenged the judgment of acquittal dated 9th August, 2012 passed in Sessions Trial No. 48 of 2008 / 165 of 2011 by the learned Adhoc Additional Sessions Judge IV, Aurangabad whereby the sole accused aged about 75 years was acquitted from the charge under [STATUTE] . The victim has been examined as PW 11. While deposing as witness before the trial court, she has stated nothing about the occurrence rather she stated that the Police has not asked anything from her and merely she has identified the appellant as a person not as a culprit. There is no evidence at all upon which order of conviction could have been Patna High Court CR. APP (DB) No.1056 of 2012 (2) dt.31-10-2012 recorded. Judgment of acquittal is neither perverse nor illegal. In the result, this appeal is dismissed. avin/- (Shyam Kishore Sharma, J) (Amaresh Kumar Lal, J)

Applicable IPC Section: 376

Statute Text:
Section 376 of the Indian Penal Code. Rape. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death.