- (1.) THIS leave to appeal arises out of judgment and order dated 21.7.2005 passed by learned Additional Sessions Judge, Court No. 10, Barabanki in S.T. No. 7 of 2004 recording acquittal of accused -Respondents of offence under Sections 363, 366 and 376 IPC.
(2.) WE have heard learned Counsel for State and perused the impugned judgment. Learned State Counsel submitted that the medical examination report suggested the age of prosecutrix to be above 18 years whereas in the school Leaving Certificate, it is mentioned as about 14 years. Learned Counsel also submitted that even in the absence of definite medical opinion about the commission of rape as the hymen of prosecutrix was found intact, in terms of view taken by Hon'ble the Apex Court in the case of Madan Gopal v. Nawal Dubey, 1992 SCC 592, that the rupture of hymen is not necessary to constitute the offence of rape, the act of Petitioner may come within the definition of rape.
(3.) WE have carefully considered the submissions of learned Counsel for State and perused the pleadings.;