DEBI RIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE opposite party Nos. 2 and 3 who were served with notice a number of times last being on 4. 7. 07 did not appear.

(2.) THIS revisional application was filed on 28. 4. 04 by the de facto complainant-wife being aggrieved with the judgment and order dated 19. 11. 03 passed by the learned S. D. J. M. , serampore acquitting the two accused persons (O. P. Nos. 2 and 3) of the charges under Sections 498a/406 I. P. C.

(3.) THE grounds of revision as averred in the revisional application are that the learned Magistrate has perfunctorily arrived at a finding which is not commensurate to the oral testimonies of the victim and other witnesses on record, that the learned Magistrate failed to appreciate that the victim-wife was subjected to ill treatment and torture and was driven out of the matrimonial home and on 15. 8. 99 the accused persons came to her uncle's house and also further assaulted her and threatened with dire consequences, which facts went unnoticed by the learned Magistrate, that if the learned Magistrate was of the opinion that the victim/defacto complainant was unable to understand the questions put to her in her examination in chief and she had lost her all rational aptitude then it was unbecoming of the learned Magistrate to proceed with the appreciation of evidence in such circumstances and come to a finding of not guilty in favour of the opposite party Nos. 2 and 3 herein.