Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.4 of 2012 ====================================================== Most. Sona Devi .... .... Appellant Versus 1. The State of Bihar 2. Arjun Prasad Sinha 3. Ram Narayan Yadav 4. Shiv Prasad .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 12 22-08-2012 Heard learned counsel for the parties. This appeal is directed against the order dated 10.5.2011 passed in Complaint Case No. 2806©/2005, Trial No. 449 of 2011 by Smt. Rachana Srivastava, Judicial Magistrate, 1st Class, Patna whereby respondents 2, 3 and 4 have been acquitted of the charges framed against them for the offences under [STATUTE] . Allegation against respondent nos. 2 to 4, in brief, is that on 20.9.2005 at about 10.00 PM while complainant was sleeping in her house she heard the sound of knocking at her door. She opened the door whereupon respondent nos. 2, 3 and 4 along with two unknown persons entered her house. It is said that she was pushed on the floor and committed rape by Respondent no.2 with assistance of Respondent nos. 3 and 4. For Respondent no.2 it is stated that he snatched a chain of gold from the neck of Patna High Court SLA No.4 of 2012 (12) dt.22-08-2012 2 complainant. After concluding the trial, the learned Magistrate has acquitted Respondent nos. 2 to 4 for the offences under [STATUTE] for which charge was framed in the case. It is submitted on bhalf of Respondent nos. 2 to 4 that there are discrepancies in the statement of witnesses and plea of alibi of Respondent no.2 Arjun Prasad Sinha is accepted. No injury report or prescription for treatment, torn clothes or document for filing of complaint to Police was submitted along with filing of the case (complaint) which also was in retaliation to Complaint Case No. 1313C/03 filed by Asha Devi wife of Respondent no.2. Respondent nos. 3 and 4 were examined as witnesses in that case. Towards discrepancies on the point of non-filing of complaint (case) to Police in her complaint petition it is said that Police did not lodge the case and in court her statement is that Respondent no.2 was sitting there so, Police did not entertain her complaint. No document is found filed on behalf of complainant on the point of her medical examination. Witnesses have been doubted by the trial court that they are stating about provocation Patna High Court SLA No.4 of 2012 (12) dt.22-08-2012 3 by wife and son of Respondent no.2 to commit rape. Exhibit A and Exhibit C are accepted as documents to doubt the prosecution case. Exhibit A is certified copy of judgment passed in Complaint Case No. 1313C/03 in which complainant and her mother are convicted for the offence under [STATUTE] . Photostat copy of Exhibit C is a letter dated 20.9.2005 issued by the S.D.O., Bikramganj to Executive Engineer, Sone Nahar Division, Bikramganj to get repaired the damaged drainage. D.W.1 is the Executive Engineer who states about his presence along with Respondent no.2 at the drainage for whole night of the incident. Thus, I find that acquittal of Respondent nos. 2, 3 and 4 is recorded after discussing the prosecution witnesses and taking into consideration the relevant circumstance including enmity between the parties and accepting alibi of Respondent no.2. Finding no illegality this application for grant of Special Leave to Appeal is dismissed. A.I./- (Mandhata Singh, J)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.