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Judgment
The instant application for grant of leave to appeal filed on
behalf of the complainant applicant is delayed by 15 days.
An application has been moved by learned counsel Mr.
Goswami for condoning the delay.
I have heard learned counsel Mr. Goswami and the learned
P.P. Perused the material on record.
Vide judgment dated 18.1.2017 passed by learned Special
Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh, the
respondent herein was convicted for the offences under Section
451 and 354 IPC and simultaneously he was acquitted from the
charges under Section 376 / 511 IPC and Section 3(i)(xi) of SC/ST
(Prevention of Atrocities) Act. The complainant applicant is
aggrieved of the impugned judgment to the extent of acquittal of
respondent no. 2 from these charges.
Having heard the arguments advanced by learned counsel
for the applicant complainant and after going through the
impugned judgment, it is apparent that the F.I.R. was lodged after
some delay through a complaint submitted in the Court. The
police, after thorough investigation did not find the offences
proved and gave a negative final report. The highest allegation of
the complainant in her statement was that the accused entered in
her house and broke the string of her lower. The said allegation,
even if accepted as being true on the face of record would not
constitute the offence of attempted rape. The complainant did not
allege that the accused respondent had taken of his own clothes
while breaking the string of her lower. Thus, there is no reason to
grant leave to the applicant complainant to file an appeal against
the impugned judgment which does not suffer from any illegality,
irregularity or perversity.
Accordingly, the instant application for grant of leave to
appeal is dismissed as being devoid of merit.