KUSUMA Vs. STATE OF U P & ANR

JUDGEMENT

(1.) Heard Sri Diwakar Pratap Pandey, learned counsel for applicant, learned A.G.A. and perused the record.

(2.) Present application under Section 378 Cr.P.C. has been filed by the informant/mother of the victim (who is minor) against the judgment of acquittal dated 12.10.2018 passed by the trial court in S.T. No. 428/2016 arising out of Case Crime No. 396/2016, under Section 376/366/506 I.P.C., P.S. - Rudauli, District Faizabad.

(3.) Learned A.G.A. has raised an objection to the effect that in view of the judgment given by a Full Bench of this Court in the case of Manoj Kumar Singh Vs. State of U.P. and others, 2016 97 AllCriC 861, the mother of the victim cannot file the appeal against judgment of acquittal, so the present appeal under Section 372 Cr.P.C. against the judgment of acquittal dated 12.10.2018 on behal fof the victim through his mother although she is a complaint is not maintainable.