Case Facts:
Patna High Court CR. APP (DB) No.993 of 2012 (2) dt.08-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.993 of 2012 ======================================================= Bibi Bhojni D/o Late Atabul, R/O village- Singhari, Tola Khapra, P.S.- Rauta, District- Purnea .... .... Appellant/s Versus 1. Tahmij @ Dhoriya Son of Taiyab @ Kalwa 2. Taiyab @ Kalwa son of Late Imam Ali 3. Bibi Tahsirun Nisa W/o Taiyab @ Kalwa All R/o village- Singhara Tola, Khapra, P.S.- Rauta, District- Purnea .... .... Respondent/s ======================================================= Appearance : For the Appellant/s : Mr. Bahauddin, Advocate For the Respondent/s : Mr. ======================================================= CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) 2 08-10-2012 Heard learned counsel for the appellant. This appeal is directed against the judgment dated 8.8.2012 whereby the accused persons/respondents, namely, Tahmij @ Dhoriya his father Taiyab @ Kalwa Taiyab @ Kalwa and mother Bibi Tahsirun Nisa have been acquitted from the charges under [STATUTE] . A complaint petition was filed by the petitioner/complainant who was aged about 17 years at the time of filing of the complaint alleging therein that Patna High Court CR. APP (DB) No.993 of 2012 (2) dt.08-10-2012 the accused no. 1 Tahmij established sexual relationship with her on the assurance of marriage after Moharram. The commitment of Tahmij was supported by his parents but the marriage was refused. A panchayati was organized in which the accused did not appear, so necessary steps was advised to be taken. The learned Trial Court has considered the entire evidence and has found apparent absurdity in the evidence while summing up the evidence in paragraph 15 of the judgment. The learned Trial Court has found that the place of occurrence has been changed from the house of the complainant to the house of the accused. There were several vital contradictions which have been taken into account and in view of the vital gaps linking the accused with the offence order of acquittal was recorded. An order of acquittal can only be interfered with if either it is perverse or illegal. The order can also be interfered with if it is found that it has been passed without perusal of the record and without hearing the submissions of the parties. This is not a case here. The Trial Court has considered the entire case of the parties and given Patna High Court CR. APP (DB) No.993 of 2012 (2) dt.08-10-2012 good reasoning of acquittal. In the facts and circumstances stated above, impugned judgment needs no interference of this Court. This appeal is held to be without merit. Accordingly, it 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.