Decided on July 22,2019

Kalpana Debnath Appellant
Shribash Deb Respondents


Arindam Lodh,J. - (1.)Heard Mr. Raju Datta, learned counsel appearing for the petitioner as well as Mr. S. Ghosh, learned Special P.P. appearing for the State-respondent.
This is a revision petition under Section 397 Cr.P.C. against the judgment and order dated 21.02.2019, passed by learned Sessions Judge, Unakoti Judicial District, Kailashahar in Criminal Appeal No.08(2) of 2018 whereunder the judgment and order of acquittal dated 17.04.2018, passed by learned Judicial Magistrate 1st Class, kailashahar, Unakoti Judicial District in Case No.PRC (WP) 17/2017, under Sections 354(B)/448 of IPC, was upheld.

(2.)The brief facts are that on 19.09.2014, the victim lady lodged a complaint before the O.C., Kumarghat Police Station alleging that on that date at about 1-50 pm she came to her bed room after taking bath for changing her wearing apparels. While she was changing her apparels there, the respondent Sri Shribash Deb grabbed her from behind and outraged her modesty and also used force to rape her. Complainant raised alarm to save her but there was none in the house at that time, and it was raining heavily. Nobody came to rescue her and save her chastity and to free her from the clutch of accused Shribash Deb. She gave a blow by an instrument which she found nearby. As a result, accusedrespondent Shribash Deb sustained bleeding injury on his head. Thereafter, the complainant rang her husband. Her husband came and took Shribash to the adjacent room and informed the matter to the Kumarghat Police Station. Thereafter, police came and enquired the matter with the complainant. Accordingly, O.C. of the Police Station had registered a case and after investigation submitted charge-sheet under Sections 448/354(B) of IPC against the accused-respondent Shribash Deb.
(3.)Learned Judicial Magistrate took cognizance of the offence and framed charge under Sections 448/354(B) IPC against the accused-respondent Shribash Deb.
3.1 Altogether 7(seven) witnesses were examined to prove the charge against the accused-respondent.


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