JEETAN KUMARI Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) No one appears for the petitioner. However, Mr. Ashok Kumar, learned A.P.P. for the State and Mr. Rajesh Kumar Singh, learned counsel for the opposite party No. 2 are present.

(2.) This application is directed against the judgment dated 27.05.2005 passed by the learned Additional Judicial Commissioner III, Khunti, Ranchi in Criminal Appeal No. 169 of 2004 whereby and whereby the judgment and order of conviction and sentence passed by the learned ACJM, Khunti in connection with G. R. No. 174 of 1998 by which the opposite party No. 2 had been convicted for the offence under Section 417 of I.P.C. and sentenced to undergo R.I. for one year has been set aside.

(3.) The prosecution case in brief is that the petitioner - informant who was a temporary lecturer of Philosophy in Birsa College, Khunti had developed acquaintance with the opposite party No. 2 from 08.03.1995 as the opposite party No. 2 is the brother-in-law of the cousin sister of the petitioner. It has been alleged that the opposite party No. 2 used to regularly visit the house of the petitioner on the pretext of learning philosophy. It has also been alleged that in course of time, the opposite party No. 2 had established physical relationship with the petitioner as a result of which she got pregnant and later on abortion was done in the month of November 1996. It is also alleged that in the year 1997, opposite party No. 2 was selected in the military service and went to undergo training and after taking leave from service he has also got indulged in sexual intercourse. It has also been alleged that opposite pary No. 2 had tried to solemnise marriage with another lady namely, Renu Kumari for which an invitation card was also printed. Based on the aforesaid allegations Khunti P. S. Case No. 32 of 1998 was lodged for the offence under Sections 493 & 376 of I.P.C.