- (1.) Heard learned counsel for the petitioner.
(2.) Both the opposite party No. 1 and 2 herein stood acquitted of the charges under Section 366, 366A, 342 and 323 of the I.P.C; further opposite party No. 1 stood acquitted of the charge under Section 376 of the I.P.C while opposite party No. 2 stood acquitted for the charge under Section 354 of the I.P.C by the impugned judgment dated 26.7.2006 passed in Sessions Trial No. 455 of 2002/Sessions Trial No. 463 of 2002 by the learned Court of Additional Sessions Judge-II, Dhanbad. Informant being aggrieved has preferred the present revision petition.
(3.) The prosecution case in brief is as under:- Informant is the father of the victim who instituted Jorapokhar P.S. Case No. 333 of 2001 against accused Mr. Kaish @ Kamal Ahmad ( opposite party No. 1) but after investigation charge-sheet was submitted against both accused ( opposite party No. 1 and 2). After the cognizance was taken, case was committed to the Court of Sessions for trial. It is alleged by the Informant that on 8.11.2001 his daughter Bulbul aged 18 years, minor boarded in a Trekker for B.S.S. Mahila College, Dhanbad to fill up her examination form at about 9 A.M. The accused Md. Kaish and Sonu @ Asraf and one co-accused were already in the Trekker in which there was no other passenger except the Driver. When the Trekker started moving, Asraf @ Sonu put handkerchief on Bulbul's nose, which made her unconscious. She was kidnapped for marriage with Md. Kaish or illicit sexual relation. After regaining her consciousness she found herself in a dark room where all three accused persons were also present. She was threatened by the accused about reporting the incidence lest they would kill her father and brother. She was made to sign on several plain papers under threat. Opposite Party No. 1, Md. Kaish committed rape upon her while opposite party No. 2, Sonu @ Asraf tried to outrage her modesty.;