SMT. ANIMA DAS Vs. SRI BIDYUT DEBNATH

JUDGEMENT

(1.) This appeal under proviso to Section 372 of CrPC is directed against the judgment and order of acquittal dated 17.12.2012 passed by the learned Assistant Sessions Judge, Court No.1, West Tripura, Agartala, in Case No. S.T.28/2013 under Sections 448/376/506 IPC.

(2.) We have heard learned counsel Mr. DC Roy for the appellant as well as learned Public Prosecutor Mr. A Ghosh for the State respondent and learned counsel Mr. S Sarkar, for the accused -respondent No.1.

(3.) The appellant set the law in motion by filing an FIR in writing before the Officer -in -Charge, Bishalgarh P.S. on 20.1.2011 alleging inter alia, that on 15.01.2011 at about 1400 hrs the accused -respondent No.1 trespassed in her house and forcefully committed rape on her. The FIR lodged by the appellant was registered as Bishalgarh PS Case No. 7/2011 under Sections 376/448/506 IPC and after investigation charge sheet was submitted against the accused. In course of trial learned Assistant Sessions Judge framed charges against the accused -respondent No.1 for commission of offence punishable under Sections 448/376/506 IPC to which he pleaded not guilty and claimed to be tried. During the course of trial, the prosecution examined eight witnesses and, thereafter, by the impugned judgment learned Assistant Sessions Judge acquitted the accused - respondent No.1 from the charges leveled against him.