DARSHNA DEVI Vs. STATE & ANR

JUDGEMENT

(1.) This revision petition has been filed against the order dated 30.10.2006 whereby the accused-respondent No.2 has been acquitted of the offence under Sections 450 and 376 IPC.

(2.) The brief facts of the case are that the petitioner filed a complaint before the Additional Chief Judicial Magistrate, Bhadra against the respondent No.2 Mahaveer for the offence. punishable under Sections 450 and 376 IPC. The said complaint was sent for investigation under Section 156(3) Criminal Procedure Code and FIR No.280/2006 was registered. After investigation, charge-sheet was filed against the respondent No.2, which was committed to the court of learned Additional Sessions Judge, Bhadra. Charges were framed against the respondent No.2 as aforesaid. The prosecution examined as many as 7 witnesses and exhibited relevant documents. After prosecution evidence, statement of accused under Section 313 Criminal Procedure Code was recorded in which he denied the allegations alleged against him and defence evidence was produced. After conclusion of the trial, respondent No.2 was acquitted of the charges. Hence, this revision petition.

(3.) The contention of the present petitioner is that there was sufficient material available on record to convict the respondent No.2 for the offence under Sections 450 and 323 IPC and the learned trial court has ignored the material aspect of the facts. The respondent No.2 has been given the benefit of doubt on the ground delay and dispute regarding plot but the learned trial court has to consider the matter that no dispute regarding plot was present between the complainant and the accused and the delay was reasonably explained. Hence, looking to the statement of the prosecutrix supported by the medical evidence, the impugned order should be quashed.