TRILOKA DEVI @ TILOKA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Acquittal Appeal has been filed invoking the jurisdiction of this Court under Sec. 372 of the Code of Criminal Procedure, 1973 with the prayer to set aside the judgment of acquittal passed by the learned Additional Sessions Judge-III, Rajmahal in Criminal Appeal No.47 of 2018 dtd. 18/1/2020 whereby and where under the learned Additional Sessions Judge-III, Rajmahal has set aside the judgment of conviction and order of sentence passed by the learned Judicial Magistrate-1st Class, Rajmahal in G.R. Case No.45 of 2009 dtd. 7/4/2018; whereby and where under the respondent No.2-accused person of the case was held guilty of the offence punishable under Sec. 385 of the Indian Penal Code and was sentenced to undergo Simple Imprisonment for two years and pay a fine of Rs.1,000.00 and in default in payment of fine, to undergo Simple Imprisonment of one month.

(3.) The brief fact of the case is that the appellant/informant- Triloka Devi @ Tiloka Devi was the Principal of Upgraded Middle School which is a Government School. The respondent No.2-accused person of the case, in order to commit extortion of Rs.10,000.00 put the informant in fear of committing her murder by threatening to throw a stone which he was holding in his hand. On the basis of the written report submitted by the appellant/informant, Police registered Rajmahal P.S. Case No.27 of 2009 and took up the investigation of the case. After investigation, police found the allegations against the respondent No.2-accused person of the case to be true and submitted charge-sheet against the respondent No.2-accused. Charges were framed against the respondent No.2-accused person of the case for having committed the offences punishable under Sec. 385, 387, 504 of the Indian Penal Code and charges were explained to the respondent No.2-accused person of the case on 5/5/2010; to which he pleaded not guilty and claimed to be tried.