RUBY DEVI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant, in the present appeal under proviso to Sec. 372 of the Code of Criminal Procedure, 1973, was the informant of Sheikhpura P.S. Case No. 501 of 2008 (G.R. No. 1157/2008). She has challenged judgment and order, dated 08.04.2015, passed by learned Additional Sessions Judge, Sheikhpura in S.T. No. 407 of 2010, where under respondent No.2 herein, who was put on trial on the charges punishable under Sections 341 and 376 read with Sec. 511 of the Indian Penal Code stands acquitted. The S.T. No. 407 of 2010 had arisen out of Sheikhpura P.S. Case No. 501 of 2008 (G.R. No. 1157 of 2008), which was instituted by the appellant, as noted above.

(2.) We have heard Mr. Arun Kumar, learned counsel, appearing for the appellant, and Mr. Aditya Narayan Sinha, learned Additional Public Prosecutor, appearing on behalf of the State, respondent No. 1.

(3.) The First Information Report, giving rise to Sheikhpura P.S. Case No. 501 of 2008, was registered on the basis of a written complaint, lodged by the informant, asserting therein, inter alia, that on 29.12.2008, at about 6.30 P.M., while she was returning from the market for her residence and was nearly 100 yards ahead of a road crossing at bye-pass road, respondent No. 2 and one unknown person caught hold of her, dragged her to nearby bush and respondent No.2 attempted to commit rape on her, but, upon alarm having been raised by her, they fled away. She claims to have narrated the occurrence to her father on returning to her house. It being night, she could not go to the Police Station to register First Information Report. The First Information Report was registered on the following day, i.e., on 30.12.2008 at 1 P.M.