SARSWATI DEVI Vs. STATE OF JHARKHAND AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has sought leave to appeal against the judgment of acquittal dated 10th August, 2017 passed by learned Additional Sessions Judge-V-cum F.T.C, Dhanbad in Sessions Trial No. 384 of 2009, whereunder the sole accused has been acquitted of the charges under Section 376 of the Indian Penal Code.

(3.) As per the prosecution case based on written report of prosecutrix, Saraswati Devi, she was sweeper working in running room at Gomo. On 2nd February, 2009, the accused called her to clean adjacent room of Room No. 16, then she came but the accused closed the door and tide her mouth with her Sari and committed rape. She was threatened not to tell to anyone, otherwise she would be transferred and would be killed. She stated that she is a widow having got operated for appendicitis and stone, but clue to overpower of accused she kept mum. She told her father about the occurrence on 6th February, 2009, whereafter F.I.R was lodged. Upon institution of F.I.R and after investigation charge-sheet was submitted under Section 376 of Indian Penal Code and the case was committed to the court of Sessions. Seven witnesses were adduced on behalf of prosecution during trial.