Jharkhand High Court
Dolly Devi vs The State Of Jharkhand on 15 May, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. M. P. (D.B) No. 1981 of 2017
Dolly Devi .... Petitioner
vs.-
1. The State of Jharkhand
2. The Superintendent of Police, Ramgarh(Jharkhand)
3. Manoj Karmali @ Paduwa Karmali ... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH HON'BLE MR. JUSTICE RATNAKER BHENGRA For the Petitioner : Ms. Rakhi Rani, Adv.
For the Opp. Parties : Mr. K. K. Mishra, A.P.P.
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7/15.5.2018 Petitioner has sought leave to appeal in terms of Section 378(3) of the Code of Criminal Procedure against the judgment of acquittal dated 20th May, 2017 passed in Sessions Trial No. 270 of 2015 arising out of Patratu (Barkakana) P. S. Case No. 288 of 2014 corresponding to G.R. No. 4845 of 2014, whereunder the sole accused/opposite party no. 3 herein has been acquitted of the charge under Section 376 of the Indian Penal Code.
In view of what has been laid down by this Court in the case of Raghunath Pradhan vs. The State of Jharkhand & others in Cr. M. P. No. 321 of 2018 and analogous cases by order dated 17.04.2018, learned counsel for the petitioner is permitted to convert this petition into 'Acquittal Appeal' and also seek leave to appeal by filing an interlocutory application along with the appeal. Reliance is also placed on a judgment rendered by Apex Court in the case of Satya Pal Singh Vs. State of Madhya Pradesh & others reported in (2015) 15 SCC 613.
Learned counsel for the petitioner is allowed to make necessary correction at the relevant places in the body of the petition within one week after summer vacation for converting into 'Acquittal Appeal'.
Office to undertake fresh stamp reporting.
On compliance/removal of defects, if any, pointed out by Stamp Reporter, let matter be listed before the appropriate Bench.
(Aparesh Kumar Singh,J) (Ratnaker Bhengra, J) JK