PRAMILA MISHRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Sarma, learned counsel appearing for the appellant. Also heard Mr. P. Bora; Mr. G. Baishya and Mr. A. Hassan, learned counsel for the respondents.

(2.) The present appeal has been preferred against the judgment and order dated 20.2.2010 passed by the learned Sessions Judge, Kokrajhar in Sessions Case No.9/2007 under Sections 380/376/511/34 IPC whereby the respondent Nos.2 and 3, namely, Upendra Mishra and Punya Deo Mishra were acquitted from the charges leveled against them.

(3.) The appellant as complainant filed the Complaint Case No.1008/2006 before the learned Chief Judicial Magistrate, Kokrajhar against the accused/respondent Nos.2 and 3 under Sections 376/380//511/506/109/34 IPC for committing theft of gold ornaments, medical papers relating to medical treatment of her deceased husband in the evening of 13.08.2006 and thereafter for subsequent attempt to commit rape on her on 15.8.2006 with a threatening not to disclose the happe-nings before any one. The learned Chief Judicial Magistrate after examining the witnesses of the complainant and after complying the provision of under Section 207 Cr. P.C. committed the case to the Court of Sessions for trial, being the offence Session triable.