MALEKA BIBI Vs. RAFIKUL HUSSAIN AND ORS.

JUDGEMENT

(1.) THIS is an appeal against the judgment of acquittal. The impugned judgment is dated 30.04.2008 of the learned Additional Sessions Judge (FTC), Bongaigaon in Sessions Case No. 69(CR)/2007, by which the accused/respondents have been acquitted of the charges u/s. 366/376/354/34 of the IPC.

(2.) CR case No. 03/2007 was registered on the basis of the complaint lodged by the alleged victim in the Court of the learned SDJM(M), Bijni on 03.01.2007. It was alleged that on 02.10.2006 at about 4.00 P.M., the two accused/respondents kidnapped the victim from the National Highway 31 by means of a Maruti Van. Thereafter, firstly she was taken to Kokrajhar and thereafter to Delhi. Although the complainant resisted, but the accused persons threatened her with a pistol and also of dire consequences. According to the complainant, taking her to Delhi, the accused/respondent No. 1 committed rape on her. Thereafter, on the basis of the request made by the complainant, the said accused took her back to Assam and after roaming around in different places, handed over her to Manikpur police station. The complainant further narrated that on 30.12.2006 at about 6 P.M. when the complainant was proceeding towards the house of one Must Sakina Begum, the accused/respondent No. 1 caught her with the intention to commit rape. On raising alarm, the witnesses, namely, Sakina Begum and Joybar Ali appeared and rescued her.

(3.) DURING the trial, prosecution examined 05(five) witnesses including the complainant and other cited witnesses, while the defence examined none. In course of their examination u/s. 313 Cr.P.C., they pleaded their innocence and declined to adduce any evidence. The learned trial Court raising the following points for decision, having dismissed the complaint towards acquittal of the accused/respondents, the complainant has preferred this appeal.