Rekha Devi VS State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

JITENDRA KUMAR
Rekha Devi – Appellant
Versus
State of Bihar – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner: Mr. Ranjeet Kr. Pandey, Amicus Curiae
For the State: Mr. Upendra Kumar, APP
For the O.P. Nos.2 and 3:Mr. Rohit Kumar, Advocate

JUDGMENT (ORAL)

Learned counsel for the petitioner is not present. Hence, on request of this Court, Mr. Ranjeet Kumar Pandey, learned Advocate has agreed to assist the Court as Amicus Curiae on behalf of the petitioner.

2. The present criminal revision petition has been preferred by the victim/petitioner/Rekha Devi (Informant) against the impugned judgment dated 02.11.2018 passed by learned Sessions Judge, Kishanganj in Criminal Appeal No. 16 of 2018, whereby Criminal Appeal filed by the O.P. Nos. 2 and 3 has been allowed, setting aside the judgment of conviction and the order of sentence dated 25.06.2018 passed by Shri Punit Kumar Tiwary, learned Judicial Magistrate-Ist Class, Kishanganj in G.R. Case No. 1270 of 2012 corresponding to Kishanganj Mahila P.S. Case No. 49 of 2012, whereby learned Trial Court convicted the O.P. Nos. 2 and 3 under Sections 341, 323, 504 read with Section 34 of the Indian Penal Code.

Factual Background

3. The factual background of the case is that on the basis of the written report of the victim/informant/Rekha Devi, who is petitioner herein, Kishanganj Mahila P.S. Case No. 49 of 2012 was registered on 28.10.2012 against three accused persons including th