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2023 Supreme(Jhk) 966

SUBHASH CHAND
Sukesh Kumar, son of Shri Dhanu Sah – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.K. Sahani.
For the Opp.Parties : Mr. Subodh Kumar Dubey, Mr. Ranjit Kumar Giri.

JUDGMENT :

1. This Criminal Revision is preferred against the order dated 27.04.2023 passed by the learned Additional Sessions Judge-IV, Bokaro in Sessions Trial No.478 of 2022, whereby the application for discharge of the petitioner under Section 227 of the Code of Criminal Procedure had been rejected.

2. The brief facts leading to this Criminal Revision are that an application under Section 227 of the Code of Criminal Procedure was moved on behalf of the petitioner-accused before the learned trial Court in S.T. No.478 of 2022 (State Vs. Sukesh Kumar) under Section 376 (2) (n), 504 and 506 of the Indian Penal Code pending before the Court of learned Additional Sessions Judge-IV, Bokaro on these grounds that from the very allegations made in the FIR, since no ingredients under Section 375 of the Indian Penal Code, which is punishable under Section 376 of the Indian Penal Code, no offence is made out against the petitioner. As per the FIR allegations, the victim was major, her date of birth was of 1996. Even on the alleged date of occurrence in the year 2018, the victim was major. As per the allegations made by the victim herself, the relations between them were consensual. Even if

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