AI Structured Summary
Not yet generated for this judgment
Judgment
Anjana Prakash, J.—The Appellant has been convicted u/s 366, 376 I.P.C. by the 1st Additional District and Sessions Judge, Araria in Sessions Case No. 349 of 1994 by the judgment dated 19.6.1994.
The case of the prosecution according to P.W. 3 was that she had been kidnapped by the Appellant and also raped by him.
The prosecution in all examined 5 witnesses out of whom P.W. 1 is the grand father of the informant, P.W. 2 is the father of the informant, P.W. 3 is the informant herself. All the 3 witnesses have not supported the case of the prosecution and have been declared hostile, P.W. 4 is the doctor who examined the victim but did not find any signs of rape on her, P.W. 5 is a formal witness who has proved some documents.
In view of the complete paucity of any evidence against the Appellant the conviction and sentence passed against the Appellant by the 1st Additional District and Sessions Judge, Araria in Sessions Case No. 349 of 1994 by the judgment dated 19.6.1994 are hereby set aside and he is acquitted of the respective charges. The Appellant is discharged from the liabilities of his respective bail bonds.
In the result, the appeal is allowed.