- (1.) We have heard learned counsel for the appellant, learned AGA for the State and perused the trial court's judgment on record.
(2.) This application has been filed by the appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 20.12.2017, passed in Sessions Trial No. 48 of 2013, arising out of Complaint Case No. 218 of 2012, under Sections 323, 506, 376 IPC, P.S. Karma, District Sonbhadra by the learned Additional Sessions Judge, FTC, Sonbhadra whereby the accused respondent has been acquitted for the offence punishable under the sections referred to above.
(3.) The incident is said to have occurred on 13.1.2012 at 2 PM, but the complaint was filed before the court concerned on 27.1.2012. In the complaint, it has been alleged that on the fateful day, when the husband and other members of her family had gone out, her brother-in-law (Jeth) Amresh Singh and one Sushil Singh (who belonged to same village) barged into her house. The accused Amresh Singh caught hold of her hand and threw her on the cot while the other accused Sushil Singh, who was armed with a country-made pistol threatened her that she would be killed in case she raises any hue and cry. Thereafter, both the accused committed rape on her. When she offered resistance, both the accused had beaten her with kicks and fists. During the course of the incident, her brother-in-law Vijay (Devar) and sister-in-law (Devrani) arrived at the spot and rescued her. Upon hearing her shouts, people living in the vicinity also came on the spot. Thereupon the accused-respondents Amresh Singh and Sushil Singh carrying the country-made pistol threatened her that they would kill her in case she makes a complaint to anyone. When her husband came back home, she narrated the entire incident to him. It was further alleged in the complaint that prior to the alleged incident, the accused-respondent Amresh Singh (Jeth) had exploited her sexually several times at the point of country-made pistol and used to threaten her with life in case she discloses about it to anyone. Due to fear, she did not disclose about it to anyone. It was further alleged that the prosecutrix submitted a written complaint to Daroga Ji but no action was taken by him. Thereafter, she sent the complaint by a registered post to Superintendent of Police, Sonbhadra but all in vain. This encouraged the accused to indulge in further aggression.;