TUTUL KUMARI SEN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a learned single Judge of Jharkhand High Court allowing the petition filed by the respondent No. 2.

(2.) The factual matrix needed to be noted in brief. An application was filed by the respondent No. 2 praying for discharge in terms of Section 227 of the Code of Criminal Procedure, 1973 (in short 'the Code'). The move was opposed by the State. The case was registered for alleged commission of offences punishable under Sections 493 and 376 of the Indian Penal Code, 1860 (in short 'the IPC') on the basis of report filed by the present appellant.

(3.) The allegation in the FIR is that after two days of Baisakh Purnima the accused came to the house of informant, picked her and committed rape on her. She was subjected to rape and became pregnant and started pressurising on the accused for marriage. The accused and his family members refused and therefore the information was lodged. After investigation police submitted a charge-sheet. The application for discharge was filed primarily on the ground that age of the informant was not as was shown and therefore no offence under either Section 376 or 493, I. P. C. was made out. The trial Court held that this was not a case where the prayer for discharge could be accepted.