LAWS(CHH)-2014-6-3

CHANDA TIRKEY Vs. SURAJDEV SAHU

Decided On June 25, 2014
Chanda Tirkey Appellant
V/S
Surajdev Sahu Respondents

JUDGEMENT

(1.) Impugning the legality and correctness of order dated 22/07/2013, the instant revision has been filed by applicant/complainant, by which, non-applicant No. 1 has been discharged from offence under Section 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'Atrocities Act') finding no sufficient cause for proceeding with trial.

(2.) On 03/10/2012 a written complaint made by the applicant herein and the offence under Sections 3(2) (v) of the Atrocities Act, 376 & 506 of the Indian Penal Code (in short 'IPC') was registered against the non-applicant No. 1. The copy of complaint (Annexure P-3) states that the applicant is working as A.N.M., in Primary Health Center, Umeshwarpur under nonapplicant No. 1. The non-applicant No. 1 is working as Rural Medical Assistant.

(3.) It is the case of the complainant/applicant that on 23/11/2009 non-applicant No. 1 outraged her modesty and thereafter on 04/09/2011 committed rape with her. As she is a member of Scheduled Tribe, concerned Police Station registered the offence 3(2)(v) of the Atrocities Act and other related offences under provision of 306 & 506 IPC and the charge-sheet was filed before the jurisdictional Criminal Court.