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2019 Supreme(All) 189

ANIL KUMAR, VIKAS KUNVAR SRIVASTAV
KUSUMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Advocate Appeared:
Diwakar Pratap Pandey, Adv.

JUDGMENT

1. Heard Sri Diwakar Pratap Pandey, learned counsel for applicant, learned A.G.A. and perused the record.

2. Present application under Section 378 Cr.P.C. has been filed by the informant/mother of the victim (who is minor) against the judgment of acquittal dated 12.10.2018 passed by the trial court in S.T. No. 428/2016 arising out of Case Crime No. 396/2016, under Section 376/366/506 I.P.C., P.S. - Rudauli, District Faizabad.

3. Learned A.G.A. has raised an objection to the effect that in view of the judgment given by a Full Bench of this Court in the case of Manoj Kumar Singh Vs. State of U.P. and others, (2016) 97 AllCriC 861, the mother of the victim cannot file the appeal against judgment of acquittal, so the present appeal under Section 372 Cr.P.C. against the judgment of acquittal dated 12.10.2018 on behalf of the victim through his mother although she is a complaint is not maintainable.

4. Learned counsel for applicant, in rebuttal, submits that in the present case, the victim is minor and the matter relates to rape of the victim, so the appeal can be filed by the mother of the victim who is also an informant U/s 378 Cr.P.C. challenging the judgment of acquittal passed










































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