Jass Kaur Bindra
The Patna High Court overruled the judgement of the Trial court in the case of the rape of a minor girl.
Recommendation has been given to the Trial Court judge to go for a special training, as the Patna High Court totally reversed the judgement of the trial court which granted 10 years of rigorous imprisonment as well as imposed a fine in case of attempted rape.
Justice Birendra Kumar dealt with the case.
The single judge Bench stated, “The evidence brought during trial did not establish any offence by the accused. The court stated that the trial court judgement and the high court orders were totally opposite and looking into the seriousness of the matter Patna High Court suggested the trial court judge to go to Bihar judicial academy to ensure a proper academic training.”
Deepak Mhato, was convicted by the POSCO court in Batahi, West Champaran on June,15 2019.
Mahato was allowed to go for appeal in the case and while hearing his case the Patna High Court set aside the charges laid on him and freed him from all the charges which were levied against him.
The Bench dealing with the seriousness of the matter recommended the judge of the trial court to go for special training in the academy.
The background of the case statesthat, In 2018 on 17th June FIR was lodged by a minor girl with Inarwa police station in West champaran.
As per the petition Mr mahato was accused of raping the child.
Her statement was recorded as per section 164 of CRPC, which clearly stated that Mr mahato tried to rape the girl but his attempt was on successful.
Charge sheet was submitted by the police with the acquisition of raping the minor child by Mr mahato before The honorable Court.
And the high court clarified that the trial court without looking into any substantive evidence just on the grounds of recorded statement and the FIR ordered 10 years rigorous imprisonment along with the fine to Mr mahato which was totally unjustified.
Therefore, after proper hearing of the case Mr Mahato, the Patna High Court acquitted the accused.