- (1.) Heard learned counsel for the parties.
(2.) Petitioner has sought leave to appeal against the judgment of acquittal dated 10th August, 2017 passed by learned Additional Sessions Judge-V-cum F.T.C, Dhanbad in Sessions Trial No. 384 of 2009, whereunder the sole accused has been acquitted of the charges under Section 376 of the Indian Penal Code.
(3.) As per the prosecution case based on written of prosecutrix, Saraswati , she was sweeper working in running room at Gomo. On 2nd February, 2009, the accused called her to clean adjacent room of Room No. 16, then she came but the accused closed the door and tide her mouth with her Sari and committed rape. She was threatened not to tell to anyone, otherwise she would be transferred and would be killed. She stated that she is a widow having got operated for appendicitis and stone, but clue to overpower of accused she kept mum. She told her father about the occurrence on 6th February, 2009, whereafter F.I.R was lodged. Upon institution of F.I.R and after investigation charge-sheet was submitted under Section 376 of Indian Penal Code and the case was committed to the court of Sessions. Seven witnesses were adduced on behalf of prosecution during trial. Ext.-3 - interim Case Ext.-E/1 - Enquiry of the month , 2009 Karshan . on the application to application to application to application to on the application to P.W.-1- Ramawati Devi P.W.-2- Shakuntla Devi P.W.-3- Kamali Devi P.W.-4- Bihari Mahato P.W.-5- Saraswati Devi P.W.-6- Rajeshwar Prasad Singh P.W.-7- Dr. Ajita Mallik The statement of the accused under Section 313, Cr.P.C., was recorded in which the defence of the accused is that he is innocent and has been falsely implicated in this case as he complained to Superior Official against Saraswati Devi for her acts of indiscipline. The prosecution also adduced the following documentary evidences: Ext.-1 - written report Ext.-1/1 - endorsement made by S.I. M-Kispotta on written report Ext.-1/2 - endorsement made by O.C., Topchanchi P.S S.I. Binay Kumar Singh Exts.-2 & 2/2 - Signature of Binay Kumar Singh on formal F.I.R Ext.-3 - interim report The defence adduced these six witnesses and also the following documentary evidences. D.W.-l- Manoj Kumar Ghansi D.W.-2- Raghuveer Thakur D.W.-3- Rohan Mahato D.W.-4- Kamlesh Kumar Keshri D.W.-5- Mahendra Rawani, accused himself D.W.-6- Rajnath Mishra. Mark-X - attendance register of the month of February Ext.-A - F.I.R of Topchanchi (Hariharpur) P.S Case No. 121 of 2008 Ext.-A/1 - F.I.R of Topchanchi P.S. Case No. 148 of 2005 Ext.-B - Charge-sheet of Topchanchi P.S. Case No. 121 of 2008 Ext.-B/1 - Charge-sheet of Topchanchi P.S. Case No. 148 of 2005 Ext.-C - Authorization letter No. FLS/422 Misc. Dated 27.4.2017 Ext.-D - Forwarding of R.N. Mishra- Foreman Ext.-D/1 - Endorsement of issuing S.F-II with writing of P. K. Sinha Ext.-D/2 - Receiving of complaint vide No. 482 dated 11.02.2009 Ext.-E - Original notice of SF-II of Case No. ELS 421/3/39/09 Ext.-E/1 - Enquiry report Ext.-E/2 - Order of Sri Kale Singh dated 13.05.2009 Ext.-E/3 - Notice dated 22.05.2009 issued by Sri Kale Singh to Saraswati Devi Ext.-E/4 - Order of Asstt. Elect. Engineer (O.P.) Ext.-E/5 - Order of Sri P.K. Sinha, Appellant Officer Ext.-E/6 - Order of Previsioning Authority Sri Gautam Banerjee dated 26.11.2009 Ext.-F - three pages of attendance sheet of the month of February, 2009 Ext.-G - Application of complain made by Mahendra Rawani to Chief Karshan Foreman. Ext.-H - Signatutre of Ramldshore mahato on the application to Foreman Ext.-H/1 - Signature of Dev Rani on the application to Foreman Ext.-H/2 - Signature of Manoj Kumar on the application to Foreman Ext.-H/3 - Signature of Hulash on the application to Foreman Ext.-H/4 - Signature of Imamuddin Ansari on the application to Foreman;