JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the order of a Division Bench of the Allahabad High Court dismissing the appeal filed by the State. Challenge in the appeal was to the judgment of the learned Special Additional Sessions Judge, Fatehpur in Sessions Trial No. 566 of 1996. The respondent faced trial for alleged commission of offences punishable under Sections 376 and 323 of the Indian Penal Code, 1860 (in short the ‘IPC’). The High Court dismissed the appeal in very cryptic manner holding that there was possibility of the prosecutrix being a consenting party as she was above 16 years of age.

2. Learned counsel for the appellant-State submitted that the manner of disposal of the Government appeal needs much to be desired. Trial court did not even record any finding that the prosecutrix was a consenting party to the sexual intercourse. It went on some hypothetical questions regarding alleged delay in lodging FIR. The trial court concluded that since the girl was more than 16 years of age consent had to be presumed. The High Court concurred with the view and disposed of the appeal which is as follows:

“Heard learned A.G.A. and perused the judgment of th