DINESH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned Addl. PP for the State.

(2.) This appeal has been preferred by the appellants against Judgment dated 20.12005 passed by the 1st Additional Sessions Judge, Deoghar, in S.T. No. 290 of 2005, whereby and whereunder, the court below has only observed that the prosecution established the offence under Section 323 of the Indian Penal Code against the appellants but without in any express words convicting the appellants, released the appellants Dinesh Yadav and Bachu Yadav @ Bachu Mahto after due admonition.

(3.) The prosecution case in brief as mentioned in the complaint of the complainant that on 14.01.2005, the appellant-accused Dinesh Yadav came to the house of the complainant at about 4.00 P.M. and requested her to give a piece of meat to be tasted by the accused. As the complainant refused the request, it is alleged that the appellant Dinesh Yadav committed rape on her. It is further the case of prosecution that when the husband of the complainant came on the next Sunday of the said incident then, the complainant went to house of accused along with her husband at about 10.00 A.M. to complain about the appellants-accused. Then the appellants-accused along with co-accused person assaulted the complainant and her husband. She then went to police station but as police did not take any action, she filed the complaint case in court.