BABY DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for petitioner, learned A.P.P. for the State and private opposite parties.

(2.) Petitioner seeks grant of special leave to appeal against the judgment of acquittal dated 7th Sept., 2016 passed by learned Additional Sessions Judge-XV, Dhanbad in Sessions Trial No. 179 of 2015. The case was committed to the Court of Sessions by learned Judicial Magistrate, 1st Class, Dhanbad on the complaint case i.e., C.P. Case No. 566 of 2013.

(3.) The complaint petition filed on 26th Oct., 2010 bearing no. 1930 of 2010, inter alia, alleged that the complainant's husband was running a stamp vending shop adjacent to the main gate of Consumer Forum, Dhanbad. Her husband was handicapped. She used to extend support in the business. On 8th Sept., 2010 at about 6.00 p.m. after closing the Gumti, she went to meet the natural call behind Consumer Forum building. The accused persons under influence of liquor laid her, accused Santosh gagged her mouth and other accused Karamveer Singh committed rape on her. She tried to raise alarm, but her mouth was gagged. Thereafter, accused, Santosh also committed rape on her. Finding her late in returning from call of nature, her husband came there and found both accused persons indulging with his wife and committing rape. On seeing her husband, both accused persons ran away from the place of occurrence. Complainant and her husband went to police station after two days of occurrence on 10th Sept., 2010, but no action was taken. They had also sent letters to S. P. and D.I.G, but no avail. Thereafter, a complaint case was filed. In the complaint case, initially learned court below had called for a report from the concerned Police Station, which led to institution of an F.I.R being Dhanbad P. S. Case No. 320 of 2012 on 15th April, 2012.