- (1.) The instant appeal arises out of an application under Section 378(3) of the Code of Criminal Procedure, 1973.
(2.) It is directed against the judgment and order of acquittal passed by the learned Assistant Sessions Judge, 2nd Court, Howrah on 27.6.2005 in connection with Sessions Trial Case No. 118 of 2002 arising out of Jagacha P. S. Case No. 6 of 2000 dated 14.1.2000 (GR Case No. 70 of 2000).
(3.) The said case was started on the basis of a written complaint filed by one Prasanta Das on 14.1.2000 before the Officer-in-Charge of Domjur Police Station, Howrah. The defacto complainant has alleged that his daughter Purnima Das was given in marriage to Tarun Das on 15.8.1999. After marriage, his daughter, whenever visited his house, informed him that her husband Tarun Das had illicit relation with his sister-in-law (Boudi) Dalia Das. It is also alleged in the written complaint that his daughter had first raised protest to her husband about the matter and thereafter she informed him (the defacto complainant) and also all the members of his family. His daughter also informed that her husband told her that she had to accept the said relation between her husband and his boudi and then only she would be allowed to live with him and for that reason she was mentally perturbed and thereafter she left her matrimonial house and came to his house as she could not bear such mental torture of her husband.;