DIPALI BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Leave Petition, under Ss. 378(4) of the Code of Criminal Procedure, is filed by the petitioner Smti. Dipali Barman seeking leave of thiscourt for preferring an appeal against the judgment and order dtd. 31/5/2019, passed by Shri H. Das, the learned Judicial Magistrate, 1st Class, Bongaigaon, Assam in PRC Case No. 50/2018. It is to be mentioned here that vide impugned judgment and order the learned court below had acquitted the accused persons from the offence punishable under sec. 342/323/354/34 IPC.

(2.) The factual background, leading to filing of the present petition, is briefly stated as under:

(3.) Being highly aggrieved, the victim had decided to prefer an appeal against the judgment and order of acquittal dt. 31/5/2019, and to grant leave of appeal the victim/petitioner had approached this court by filing the present petition on the ground that the learned court below has committed grave illegalities in recording acquittal of the accused persons and that it has failed to appreciate the evidence on the record of the victim as well as four other witnesses in its proper perspective and misconstrued and misinterprets the provisions of law and that there is materials to establish that the accused persons called the victim to the Nat Ghar and tied her with one pillar and then assaulted her and cut her hair and disrobed her and put garland of sandals and also liquor bottle around her neck and ignoring all these facts the learned court below had acquitted the accused persons.