SHYAMALI MANDAL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Deepak Kr. Dubey, learned counsel for the petitioner and Ms. Niki Sinha, learned A.P.P. for the State. No one appears on behalf the opposite party no. 2.

(2.) This application is directed against the judgment dated 13.03.2000 passed in Sessions Trial No. 435 of 1995, arising out of Sakchi P.S. Case No. 91 of 1994 by the learned 2nd Assistant Sessions Judge, Jamshedpur whereby and where under the opposite party no. 2 was acquitted from the charges levelled against him u/s 376 of the Indian Penal Code.

(3.) It has been submitted by the learned counsel for the petitioner that there has been consistent evidence on record including that of the informant as well as her husband with respect to the rape committed upon the petitioner on three occasions. Learned counsel for the petitioner submits that in fact the Doctor who was examined as P.W.3 has also found certain injuries on her person of three linear abrasions on her breast which substantiates the allegation of rape upon the petitioner. It has been submitted that the learned court below had not properly appreciated the materials available on record and perhaps have been swayed by the written complaint made to the authority by the people of the locality which was also marked as exhibits. Learned counsel for the petitioner further submits that the evidence of the prosecution inspire confidence and in such circumstance the evidence of a solitary witness would have been sufficient for convicting the opposite party no. 2 for the offence punishable u/s 376 of the Indian Penal Code.