- (1.) HEARD Mr. Sah, learned counsel appearing for the petitioner and the learned A.P.P.
(2.) WITH the consent of the parties this application is being disposed of at the stage of admission itself. This revision application has been filed against the order dated 20.8.2004 whereby the petition, filed by the petitioner under Section 245 Cr.P.C. for his discharge was rejected by the learned Judicial Magistrate, Godda.
(3.) THE relevant facts in short are that one Salimuddin Ansari was tried for the offence under Sections 323 and 376 of the Indian Penal Code by the Sessions Judge, Godda in Sessions Trial No. 90/2001. The case of the prosecution in the said Sessions Trial was that in the mid night of 7.12.2000 the prosecutrix was sleeping in her house by closing the doors from inside. Her husband was not in the house. She woke up on hearing the sound of opening the door and then she saw that the accused Salimuddin Ansari was there, who abused her in filthy language. On her protest the said accused Salimuddin Ansari caught hold of her, threw her on the ground 'and, thereafter, forcibly committed rape on her. On her alarm her 12 years old daughter came there and then on her alarm the witnesses came there.;