Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1130 of 2010 ====================================================== Saraswati Devi, wife of Vasudeo Mahto, resident of village- Chainpur, P.S. Laukaha, District- Madhubani. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Jhari Lal Mahto, son of Nebaji Mahto, resident of village- Chainpur, P.S. Laukaha, District- Madhubani. .... .... Opp. Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagandeo Yadav, Adv. For the State : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 2 07-08-2012 After having heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State, this Court does not find any illegality or procedural irregularity in the impugned judgment and order dated 22nd May 2010 passed in Sessions Trial No. 100 of 2006 by the learned Additional Sessions Judge, Fast Track Court No.4, Madhubani, acquitting the accused opposite party no.2 for the charge under [STATUTE] . As per findings of the learned trial Court, the petitioner is an old lady having grand children and previous litigation was going on between the two sides from before. The learned trial court, on consideration of entire materials produced by the prosecution, has come to a finding that the prosecution has failed to prove the charge against the accused opposite party no.2 beyond all reasonable shadow of doubts and, consequently, opposite party no.2 was acquitted for the said charge. In the given facts of the case, this Court is not inclined to exercise its revisional jurisdiction for setting aside and reversing the impugned judgment of acquittal. Patna High Court CR. REV. No.1130 of 2010 (2) dt.07-08-2012 2/2 In the result, the application fails and is, accordingly, dismissed. BTiwary/- (Birendra Prasad Verma, 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.