RAJANI KANTA SHAHA Vs. IDRIS THAKUR

JUDGEMENT

(1.) This Rule is directed against an order of acquittal made under the provisions of Section 494, Clause (b) of the Criminal P. C..

(2.) The accused, opposite party, one Idris Thakur, and one Abila Bewa were committed to the Court of Session to take their trial on charges of the commission of offences punishable under Secs.366 and 344 of the Indian Penal Code. Idris Thakur is a Muhammadan, while the woman Ujjalmani, whom he is alleged to have abducted and confined, is said to be the lawfully married wife of a Hindu neighbour Rajani Kanta Shaha.

(3.) When the case came on for trial, the Public Prosecutor, acting under the instructions of the District Magistrate, applied for permission to withdraw from the prosecution. The Sessions Judge gave his consent and thereupon followed the acquittal now in question.