(1.) This appeal is directed against a judgement and order dated 22 nd December, 2009 passed by the learned Additional Sessions Judge, Fast Track 3 rd Court, Malda in Sessions Case No. 50 of 2005 corresponding to G.R Case No. 1922 of 2003 arising out of Gazole P.S. Case No. 182 of 2003 dated 13 th December, 2003 by which the learned Trial Court acquitted the sole accused of the charge under Section 376 of the Indian Penal Code. The prosecutrix has come up in appeal.
(2.) The facts and circumstances of the case appearing from the written complaint, lodged by the prosecutrix on 13 th December 2003, when translated in English would read as follows:-
(3.) After the written complaint was lodged and the case was under investigation the witnesses were sought to bribed and were ultimately terrorized. A criminal case was also lodged against them by the accused which ultimately resulted in a final report filed by the police which the Chief Judicial Magistrate accepted and initiated proceedings under Section 211 of the Indian Penal Code against the accused. He challenged the aforesaid order on the ground that the final report filed by the police was accepted without hearing him. The order accepting the final report was set aside by the learned Sessions Judge. The order was challenged by the party of the complainant and a revisional application we understand is still pending before this Court.
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