STATE OF JHARKHAND Vs. MD. ASHIF MUDAIYA

JUDGEMENT

(1.) Heard learned counsel for the petitioner State and learned counsel for accused-opposite party.

(2.) The petitioner is aggrieved by the order dated 15.7.2010 passed by the learned Additional Sessions Judge, Fast Track Court-III, Jamshedpur, in S.T. No. 102 of 2010, whereby, in an application filed under Section 227 Cr.P.C., on behalf of the accused-opposite party Md. Ashif Mudaiya, the Court below has held that sufficient ground is not available for proceeding against the accused Ashif Mudaiya for the offences under Sections 376 and 417 I.P.C., and accordingly, the accused was discharged by the Court below. Aggrieved by the said order, the State has moved this Court in the instant Criminal Revision.

(3.) According to the prosecution story, as given in the F.I.R. in Mango P.S. Case No. 414 of 2009 corresponding to G.R. No. 2936 of 2009, which was lodged on the basis of written application given by the victim lady Rakia Khatoon, it is alleged that opposite party Ashif Mudaiya was a tenant in the house of one Nayyar Asamani for last five years and for the last four years, the accused was in visiting terms with the victim lady. During this period, the accused had called the victim lady in his house on the pretext of some work and offered her snacks and tea. After taking tea, the victim lost her senses, whereupon the accused sexually assaulted her. When the victim gained senses, the accused promised to marry her and on that promise, the accused and the victim continued with the physical relationship, during which the victim even became pregnant, but her pregnancy was aborted by the accused. It is further alleged in the F.I.R. that subsequently, the accused refused to marry the victim and he was going to marry another lady.