ARCHANA SARKAR Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard Mr. Sanat Kumar Jha, learned counsel for the petitioner and Mr. Shekhar Sinha, learned A.P.P. for the State as well as Mrs. Nitu Sinha, learned counsel for the opposite party no. 2.

(2.) This application is directed against the judgment dated 23.07.2005 passed by the learned Sessions Judge, Pakur in Sessions Case No. 151/2004, arising out of Pakur (M), P.S. Case No. 139/2004, corresponding to G.R. Case No. 300/2004, whereby and where under the opposite party no. 2 has been acquitted for the offence under section 376 of the Indian Penal Code.

(3.) The petitioner had instituted a First Information Report on the allegation that she had come out of her house for answering the call of nature when the opposite party no. 2 had forcibly caught hold of her pressed her mouth and taken her to his room and thereafter had committed rape upon her on two occasions. It has been alleged at about 4:00 A.M. the opposite party no. 2 had released the petitioner and after she returned home she had narrated the incident to her parents and thereafter Pakur (M) P.S. Case No. 139/2004 was instituted. Investigation resulted in submission of charge sheet and after cognizance was taken the case was committed to the court of Sessions wherein charge was framed under section 376 of the Indian Penal Code and trial proceeded.