JUDGMENT

Dr. Arijit Pasayat, J.—

Challenge in this appeal is to the judgment of a learned single judge of Jharkhand High Court allowing the petition filed by the respondent No.2.

2. The factual matrix needed to be noted in brief.

An application was filed by the respondent No.2 praying for discharge in terms of Sec.227 of the Code of Criminal, Procedure 1973 (in short ‘the Code’). The move was opposed by the State. The case was registered for alleged commission of offences punishable under Sections 493 and 376 of the Indian Penal Code, 1860 (in short ‘the IPC’) on the basis of report filed by the present appellant.

3. The allegation in the FIR is that after two days of Baisakh Purnima the accused came to the house of informant, picked her and committed rape on her. It was further the case of the informant that on the pretext that the accused would marry her, she was repeatedly subjected to rape and became pregnant and started pressurising on the accused for marriage. The accused and his family members refused and therefore the information was lodged. After investigation police submitted a charge-sheet. The application for discharge was filed primarily on the ground that age of the