JHAMIA DEVI Vs. MD KALIMUDDIN

JUDGEMENT

(1.) The appeal is directed against the judgment of acquittal passed by Sri Mungeshwar Sahoo, 1st Additional Sessions Judge, Godda in Sessions Trial No. 173A 3/101/98 acquitting the accused persons from the charges levelled under Section 376 along with Sections 149 and 341 of the Indian Penal Code against the accused persons. Manoj Sah, Md. Kailii, Md. Haniff, Wakil Sail, Bhuttu Sah and Md. Fakir were charged under Section 376/109 of the Indian Penal Code in addition to charge under Sections 149 and 341 of the Indian Penal Code.

(2.) The prosecution case was started on the basis of the complaint filed by the appellant, Jharaia Devi stating therein that on 6.10.1997 at about 4 P.M. She along with her mother-in-law, Kisni Devi (P.W.1) were cutting grass on their own land which belonged to her father-in-law, Thakur Sah (P.W.2). Thakur Sah P.W.2) had taken in Blrogat Bandha the said land from accused Vakil Sah. It is allged that at that time all the. accused persons came to her and Shankar Sah, Pvahlad Sah and Md. Kalim caught her and the rest accused caught hold of her mother-in-law, Kisni Devi (P.W.I). The three accused persons named above took her to Bandh (pond) and her mother-in-law was taken by the other accused persons towards opposite direction by the other six accused persons, ll is further alleged that at the Bandh Sliankar Sah and Prahlad Sail threw her down and forcibly committed sexual intercourse against hen will. Thereafter Md. Kalim forcibly started committing rape upon her. Thereafter the witnesses came hearing bulla then the accused persons fled away. The complainant was weeping and the way she saw her mother-in-law whose mouth was closed. She came near her mother-in-law and soughted whereupon the accused persons fled away. Then she untied the mouth of her mother-in-law. Later she made a complaint to her husband-father-in-law and since the police station is in collusion with Vakil Sah and Md. Hanif so she did not go to the police station for filing case.

(3.) On the basis of the said complaint after examining witnesses under Section 202 Cr. P.C., congnizance was taken of the case and the case was committed to the court of Sessions. From the sessions court the case was transferred to the trial court where trial was held after the accused persons were charged.