SAJONI @ SAJANI MARAIYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS criminal revision application has been preferred by petitioner (complainant) against the order dated 29th January, 2003 passed by learned Chief Judicia\ Magistrate, Pakur in P.C.R. Case no. 61 of 2002, whereby and wereunder the court below after enquiry u/s 202 Cr. P.C. dismissed the complaint petition on the ground that no prima facie case has been made out against the accused.

(2.) THE petitioner (complainant) filed the complaint petition against the accused, Kamlapati Singh, Officer -in -Charge of Maheshpur RS. and 3 -4 unknown police constables posted at the said Maheshpur P.S. It was alleged that on 2nd March, 2002 at 5 P.M., the accused persons came at the residence of her father -in -law at village Bagduba, under Maheshpur P.S. and then forcibly took her along with her child to Maheshpur P.S., without her consent or consent of her mother -in -law.

(3.) LEARNED court below did to (sic '' not?) believe that the complainant was forced to depose before the Magistrate. On presumption that if the occurrence had actually taken place against the complainant or she was under pressure, then she would have expressed her apprehension before the Court where she gave her statement u/s 164 Cr. PC. Considering all the material evidences on record, the court below disbelieved the evidence of some of the witness on the ground that they were not eye witness and the other ground that there is no medical evidence to come to a definite conclusion that a prima facie case was made out against the accused.