H.C.MISHRA,J. - (1.) This interlocutory application has been filed for condonation of delay of 71 days in filing this acquittal appeal. In view of the statements made in this interlocutory application, the delay of 71 days in filing the instant appeal is hereby condoned. This interlocutory application is accordingly, allowed. Cr. Appeal (DB) No. 98 of 2016 : Heard learned counsel for the appellant and learned counsel for the State.
(2.) This acquittal appeal is directed against the Judgment of acquittal dated 23.09.2015, passed by the learned Additional Sessions Judge-II, F.T.C., Bokaro, in Sessions Trial No. 348 of 2010, whereby the accused-respondent No. 2, who was put to trial for the offence under Section 376/511 of the Indian Penal Code and accused-respondent Nos. 2 and 3, who were put for trial for the offence under Section 387 of the Indian Penal Code, have been acquitted of the charges after trial.
(3.) According to the prosecution story, the F.I.R. was lodged on the basis of the written report given by the victim herself on 20.03.2009, wherein she stated that she was in acquaintance with respondent No. 2 Manish Kumar since long, but he always wanted to misuse the said acquaintance. She alleged that for about two years he started to utter vulgar words on phone and he compelled her to spend nights with him even by giving threatenings. The informant disclosed these things in her family and her father went to Ranchi to counsel the accused Manish Kumar and his father Tarini Prasad Kamat, but Tarini Prasad misbehaved with him and also gave threatening to lift the girl. About 15 days prior to the lodging of the F.I.R., Manish Kumar and his father had intercepted the informant in Sector-IX and Tarini Prasad had threatened that his son will spare her only if her father gives Rs. 1,00,000/-, otherwise they will make her life hell. It is also alleged that on 05.02.2009, an attempt was made by respondent No. 2 Manish Kumar and one another person, to commit rape upon her, but due to the alarm raised by her, the accused persons fled away. On the basis of the F.I.R, investigation was taken up and charge sheet was submitted.;