IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 856 of 2022
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Prakash Kumar Yadav @ Prakash Kumar Petitioner
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Versus
The State of Jharkhand Opp. Party
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
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For the Petitioner : Mr. Jitesh Kumar, Advocate
For the State : Mr. Vishwanath Roy, A.P.P.
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Oral Order
08 / Dated : 28.06.2024
1. The instant revision petition has been preferred against the order dated
19.07.2022 passed in Misc. Cr. Application No. 787 of 2022 in POCSO Case
No. 09/2021 passed by Special Judge, POCSO, Chatra whereby and
whereunder, the petition for discharge filed under Section 376 of Indian Penal
Code and Sections 4/8 of POCSO Act by the petitioner has been rejected.
2. It is submitted by learned counsel for the petitioner that the victim girl was
major at the time of incidence. As per the FIR, the offence under Section 376
of Indian Penal Code will not be made out.
3. Learned counsel for the State has defended the impugned order and submitted
that as per the Admit Card, which is part of the case diary, the victim girl was
minor at the time of incidence.
Under the circumstance, I do not find any illegality in the impugned order.
Cr. Revision Petition stands rejected.
(Gautam Kumar Choudhary, J.)
AKT/Satayendra
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