SHAKILA KHATOON Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) This application under section 378(4) of the Code of Criminal Procedure has been filed by the complainant of Complaint Case No.1003 of 2006 seeking leave to appeal against the judgment and order of acquittal dated 12th September, 2014 passed in Cr.Appeal No.35 of 2013, whereby the learned 3rd Additional District & Sessions Judge, Samastipur has reversed the judgment and order of conviction and sentence dated 29th April, 2013 passed by the learned Judicial Magistrate 1st Class, Samastipur in T.R. No. 488 of 2013 arising out of the aforesaid complaint case.

(2.) The complainant had filed a complaint on 16th September, 2006 pursuant to which cognizance of the offence was taken and on 11th August, 2010 and charge was framed under section 498-A of the Indian Penal Code. The accused persons pleaded not guilty and accordingly the trial commenced. In course of trial, five witnesses were examined on behalf of the complainant. On conclusion of trial, learned magistrate vide judgment dated 29th April, 2013 convicted the accused persons under section 498-A of the Indian Penal Code and sentenced them to undergo R.I. for two years each.

(3.) The accused persons preferred appeal before the Appellate Court vide Cr.Appeal No. 35 of 2013. On appreciation of evidence recorded by the trial court, the appellate court acquitted the accused persons.