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2008 Supreme(SC) 1288

MUKUNDAKAM SHARMA, ARIJIT PASAYAT
State of U. P. – Appellant
Versus
Munshi – Respondent


JUDGMENT:

Dr. ARIJIT PASAYAT, J.

Challenge in this appeal is by the State of U.P. questioning the correctness of the judgment rendered by learned Single Judge of the Allahabad High Court, Lucknow Bench, Lucknow. The learned Additional Sessions Judge, Hardoiin Sessions Trial No.455 of 1985 convicted the two respondents for offence punishable under Sections 363, 366and 376 of the Indian Penal Code, 1860 (in short the `IPC). The High Court by the impugned judgment set aside the conviction and directed acquittal.

2. The factual position need not be narrated in view of the fact that the High Courts order, to say the least, is not only cryptic but also non-reasoned. The High Court for thepurpose of directing acquittal only observed as follows: "I have heard the learned counsel for the parties at length and I have gone through the record. My attention has been drawn by the learned counsel for the appellants to the medical evidence on record, which shows that the girl in question was aged about 17 years. She might be thus of 19 years as well. No injury internal or external was found on her body and she was used to sexual intercourse. The girl in question thus appears to be major and was thus











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