Sajda Mahjabi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

SLA No.64 of 2017 Arising Out of Complaint Case No.-2226 Year-2006 District- Muzaffarpur ====================================================== Sajda Mahjabi D/o Md. Asir, R/o Vill.- Benibad, P.S.- Gayghat, DistrictMuzaffarpur. ... ... Appellant/s

Versus

1. The State of Bihar.

2. Fajle Kibriya @ Md. Munna @ Munna, S/o Shabbir Ahamad @ Md. Gulab, R/o Village- Benibad, P.S.- Gayghat, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sanjay Kumar @ S.K.

For the Respondent/s :

Mr. Binod Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-11-2018 The petitioner (proposed appellant) seeks grant of leave for preferring an appeal against the judgement and order of acquittal dated 14th of September, 2017 passed by the 1st Additional Sessions Judge, Muzaffarpur in Complaint Case No. 2226 of 2006.

The petitioner (complainant) has alleged that on 06.02.2006 while she was at her school, one of the accused persons, whose prosecution was later dropped, took her out of the school by telling that her father has fallen down from a tree and is seriously ill. While she was coming along with the aforesaid accused person and reached near a maize field, many of the accused persons came out and with their support, the opposite party (accused) committed rape on

Patna High Court SLA No.64 of 2017(2) dt.20-11-2018 2/3 her. Later, she was promised that opposite party would marry her. As the allegations in the complaint petition stand, because of the assurance of marriage, the petitioner did not complain about the incidence to anybody including her parents. Later, she found out that she had become pregnant. It was only on that stage that she communicated about the incidence to others. A panchayati was also alleged to have held where despite the opposite party having admitted that he had fathered the child, failed to keep his promise to marry the petitioner. Hence the complaint petition. Eight witnesses have been examined on behalf of the prosecution including the petitioner. Except for the petitioner, none-else was an eye-witness to the occurrence.

However the aforesaid witnesses have, all in unison, have stated that when marriage could not be performed between the petitioner and the opposite party, the case was lodged.

Patna High Court SLA No.64 of 2017(2) dt.20-11-2018 3/3 and sexually tormented.

Even during the course of argument, a statement was made on behalf of the petitioner that the matter has been settled and the aforesaid statement was affirmed by the complainant (petitioner), who was present in the court room.

Considering the aforesaid facts, the trial court acquitted the opposite party. While doing so, the trial court also took note of the fact that the prosecution of the other accused persons, who were also arraigned in complaint, has been dropped midway.

No good ground has been made out by the learned counsel for the petitioner for differing with the finding of the learned trial court.

The view taken by the trial court does not appear to be perverse or without any logic.

Leave declined. The petition is dismissed.

(Ashutosh Kumar, J) skm/- U