TULSIRAM SAHU Vs. RAMBAI

JUDGEMENT

(1.) Heard.

(2.) The present petition has been filed against the order dated 16.03.2016, passed in Criminal Revision No.3/2016 by the Second Additional Sessions Judge, Balod, District Balod (C.G.) preferred by the petitioners against the order dated 15.12.2015, whereby an application under Section 300 Cr.P.C., which was dismissed by the trial Court, said order was affirmed by the revisional Court.

(3.) Facts of this case are that the respondent No.1 Smt. Rambai made a report for an incident happened on 15.05.2000 that while she was sleeping in the courtyard, petitioner No.1 Tulsiram Sahu entered there, woke her up and stated that he loves her. Having asked the question that who is he, it was stated that he was her husband. Thereafter, she called her son and other family members, whereupon Tulsiram Sahu fled away to hide himself into the bush. On that report, petitioner No.1 Tulsiram Sahu was tried under Section 509 IPC, wherein her statement was recorded before the trail Court on 12.08.2002 and the statements of other witnesses were recorded subsequently. By order dated 25.01.2006, he was convicted in criminal case No.788/2005 by the JMFC, Durg and a fine of Rs.500/- was awarded. Being aggrieved by such order, the appeal was preferred before the Sessions Judge, Durg and the Sessions Judge, Durg by its order dated 19th of September, 2006 acquitted Tulsiram Sahu from the charges on the ground that the prosecution has failed to prove that the offence has been committed.