SANTANA MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is one criminal appeal as filed under proviso to Section 372 of the Code of Criminal Procedure as amended in the year 2009.

(2.) The present appellant is the victim/de facto complainant in a case in which the learned Additional Sessions Judge, Lalbagh, within the district of Murshidabad in Sessions Trial No.3 (8) 2012 and Sessions Case No.125 of 2010 arising out of G.R. Case No.856 of 2007 (Murshidabad Police Station Case No.123 of 2007 dated 06.08.2007) pleased to acquit the present accused/respondent no.2 as per order of acquittal dated 27th of June, 2014. The matter was heard extensively as to the point of admission of this appeal. The present respondent/accused faced the charges punishable under Sections 417, 493 and 376 all of the Indian Penal Code.

(3.) The fact before the Trial Court was that the present appellant being the victim and a lady, in the afternoon of 29.07.2007, went to the jewellery shop of the present accused to collect one ear-ring for which she placed previous order and, thus, she introduced herself with the accused. The accused told her that the ear-ring was not ready and as such requested her to come to his residence, which was adjacent to his shop at 10.00 pm on that date. The prosecutrix/victim went there and found none of the family members of the accused in that house and on her asking the accused reported that his wife and parents had gone to their house at Lalgola and at that time the accused also disclosed his willingness to marry her and forcibly put vermilion on the prosecutrix and compelled her to involve into sexual act.