MATHURIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Ms.Kruti M. Shah for the applicant, learned A.P.P. Mr.K.P. Raval for respondent No.1 and learned advocate Mr.Nitin T. Gandhi for respondent No.2.

(2.) THE present application has been filed by the applicant under Section 439(2) of the Code of Criminal Procedure, 1973 challenging the order dated 23.03.2010 passed by the learned Additional District and Sessions Judge, Chhota Udepur in Criminal Misc. Application No.56 of 2011 in connection with M.Case No.3 of 2010 registered with Chhota Udepur police station, Vadodara for the offence punishable under Sections 376 and 114 of the Indian Penal Code whereby, respondent No.2 herein has been enlarged on regular bail.

(3.) LEARNED advocate Mr.Nitin T. Gandhi for respondent No.2 submitted that the F.I.R. was lodged after the delay of nine days. At the time of alleged offence, no shouting was done by the applicant herein. It was submitted that who has come and what is happening out side her house cannot be seen by the applicant from inside. The door of the house of the present applicant was locked and she was sleeping. She did not shout or screamed when the accused alleged to have entered her house.