Lavkush Gupta & Anr vs The State of Jharkh and

Heard learned counsel for the appellant and the learned counsel for the State.

This acquittal appeal is directed against the Judgment of acquittal dated 22.06.2015, passed by the learned Additional Sessions Judge-II, F.T.C., Bokaro, in ST No. 56 of 2014, whereby, the sole appellant, who was facing trial for the offences under Sections 376, 323, 506 of the Indian Penal Code, has been acquitted after the trial.

This acquittal appeal has been filed by the victim complainant against the Judgment of acquittal. The impugned Judgment shows that the appellant complainant did not examine herself in Court below and her mother, who was examined in the Court below, stated that whereabouts of the complainant was not known to her. The Court below accordingly, acquitted the accused of the charges.

We also find from the record that though this acquittal appeal was filed in the year 2015 itself, but no application for leave to file appeal against the Judgment of acquittal has yet been filed in this acquittal appeal, in spite of the fact that since the year 2015, in all 08 adjournments have been granted by this Court.

We do not find any illegality in the impugned Judgment of acquittal passed by the Trial Court below, particularly when the complainant had not examined herself in the Trial Court. Even otherwise, in absence of any application for leave for filing appeal against the Judgment of acquittal, this acquittal appeal cannot be entertained.

There is no merit in this appeal and the same is accordingly, dismissed.