STATE OF BIHAR Vs. LOVELY KUMARI

JUDGEMENT

(1.) The State of Bihar has preferred the present Government Appeal, under Sec. 378(1) and (3) of the Code of Criminal Procedure, aggrieved by the judgment and order, dated 11/12/2014, passed by the learned Ad-hoc Additional District and Sessions Judge-Ist, Sitamarhi, in Sessions Trial Nos. 435 of 2012 / 50 of 2012, arising out of Dumra P.S. Case No. 229 of 2012.

(2.) At the trial, six (6) persons, including the sole opposite party, were put on trial on the charge of commission of the offences punishable under Sections 306, 120B, 354 and 323 of the Indian Penal Code (hereinafter referred to as the IPC) and Sections 67/67A and 84B of the Information Technology Act, 2000 (hereinafter referred to as the I.T. Act). By the impugned judgment and order, dated 11/12/2014, learned trial Court has recorded conviction of Birendra Sah and Puja Kumari of the offences punishable under Sec. 306 read with Sec. 120B of the IPC. So far as other accused persons are concerned, including the sole opposite party, they have been acquitted of the charge by giving them benefit of doubt.

(3.) This is the background in which, the present Government Appeal has been preferred against the judgment and order, whereby, the learned court below has recorded acquittal of the opposite party.