The Patna High Court dismissed the petitioner's application for relief in a trial for rape charges, finding no inclination to grant it at this stage, despite counsel's submissions on hostile witnesses and the victim's non-appearance.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2369 of 2013
====================================================== Lalan Singh, S/o Ramagya Singh, resident of Ghorasahan, Birta Tola, P.S. Ghorasahan, District-East Champaran .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 02. 23-01-2013 Heard Mr. Sangeet Deokuliar, learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Sessions Trial No. 310 of 2011 arising from Ghorasahan P.S. Case No. 81 of 2008 for offence punishable under Sections 366A, 376 and 342 of the Indian Penal Code.
The allegation against the petitioner is of committing rape on the informant. It is considering the allegations that the prayer of the petitioner was rejected by order dated 13.03.2012 passed in Criminal Misc. No. 29446 of 2011.
Mr. Deokuliar, learned counsel for the petitioner submits that during the course of trial four witnesses have been examined and of which three have been declared hostile. He submits that even the Investigating Officer has stated that the victim has not appeared before the court. It is further the contention that the victim is not appearing despite summons.
Patna High Court Cr.Misc. No.2369 of 2013 (2) dt.23-01-2013
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Having heard learned counsel for the petitioner and having perused the materials on record, this Court is not inclined to accept the prayer of the petitioner at this stage and this application is accordingly dismissed. The petitioner, however, may renew his prayer in case the trial does not conclude within the period of nine months from today for reasons not attributable to the petitioner.
(Jyoti Saran, J)
S.Sb/-
1 issue framed by the court
Whether the petitioner's application for relief should be allowed at this stage considering the hostilities of witnesses and absence of the victim.
Lalan Singh
The State of Bihar
Jyoti Saran
As recorded by the court registry
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