IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25781 of 1999 6 04.5.2010 Harilal Sah, S/o Late Panchu @ Panch lal sah, resident of Mohalla- Profesor colony, Forbisganj, Distt. Araria ....... Petitioners VERSUS 1. The State of Bihar 2. Lalita Devi, D/o Rabbi Rishideo, resident of village- Amahara Tola (Baluadih), P.S. forbisganj, Distt. Araria ...... Opp. Parties. -------- For the petitioner : Mr Surendra Singh, Advocate For the State : Mr Raj Ballabh Singh, APP ------- Heard learned counsel for the petitioner and learned counsel for the State. In spite of notice, nobody has appeared on behalf of the informant/ complainant. Petitioner has prayed for quashing of order of cognizance dated 21.8.1999 passed by Chief Judicial Magistrate, Araria in Forbisganj PS Case No.288/98, GR Case No.1814/98. It has been submitted on behalf of the petitioner that the prosecutrix has falsely alleged an offence under Section 376 IPC against the petitioner who is an elderly respected professor. Even the police found the allegations false and submitted final report but the Magistrate has taken cognizance by the impugned order after differing 2 with the opinion of the police by referring to opinion of the Supreme Court that a case of rape may succeed even on uncorroborated testimony of the prosecutrix. Learned counsel for the State has submitted that the prosecutrix appears to be an illiterate lady, who was working as a maid servant and has claimed to belong to scheduled caste. He has submitted that it is not a case where allegations by the prosecutrix should be disbelieved at the threshold only because other witnesses are not prepared to support the prosecution case. There appears some doubt as to why the case of the prosecutrix was not entertained by the police and why she was not examined by the doctor but considering the entire facts and circumstances, it is not deemed proper to interfere with the prosecution at this stage. Hence, the prayer of the petitioner is rejected. It is made clear that this order shall not prejudice the defence of the petitioner which shall be considered by the court below at appropriate stage in accordance with law. (Shiva Kirti Singh,J.) sk