: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1088 OF 2005 CRIMINAL APPLICATION NO.1088 OF 2005 CRIMINAL APPLICATION NO.1088 OF 2005 ------------------------------------------------------------------ Office Notes, Office Memoranda ¦ Court’s or Judge’s of Coram, appearances, Court’s ¦ Orders Order or Directions and ¦ Registrar’s Orders ¦ ------------------------------------------------------------------- Ms.U.V. Kejriwal, A.P.P., for Applicant CORAM: V.G. PALSHIKAR & V.G. PALSHIKAR & V.G. PALSHIKAR & SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. SMT.NISHITA MHATRE, JJ. DATED: MARCH 17, 2005 MARCH 17, 2005 MARCH 17, 2005 P.C.: P.C.: P.C.: . By this application, the State seeks leave to appeal against the order dated 1.12.2000 passed by the learned Sessions Judge, Thane. The learned Judge discharged Accused No.2 and drop the proceedings because the Prosecutrix had during the pendency of the trial died and, therefore, her evidence could not be recorded. In our opinion, in the peculiar facts and circumstances of this case where charge is of gang rape, it would be almost impossible to convict any person without there being evidence of the prosecutrix. : 2 : In our opinion, therefore, there is no error in the manner in which the learned Sessions Judge acted. The application for leave is rejected.