S.K. Kar, J.

1. This petition presented by Smti. Swapna Berman, informant/ petitioner against Subir Das, accused/respondent has assailed judgment and order dated 19.4.1997 passed by Sessions Judge, Bongaigaon, in Criminal Appeal No. 16(3)/96 acquitting the accused/respondent reversing the judgment of conviction under Section 509 of IPC and sentence passed by CJM, Bongaigaon, on 16.8.1996 in Case No. G.R. 1143/86. The respondent was sentenced to fine of Rs. 1000 and default of payment of fine to suffer S.I. for one month.

2. Facts of the case, in brief, are as follows :

It is alleged that at about 11.30 p.m. (during night hours) the respondent/accused Subir Das started calling petitioner's names. That from few days back conjuncting her name with his name around midnight respondent/accused used to cry aloud and on that night also he entered upon verandah of house of the petitioner/informant (hereinafter to be referred as petitioner only) and called out her names but on appearance of the neighbouring people he left the place.

3. The written FIR being lodged (as per official endorsement) at about 1 a.m. (early hours) on 25.9.1986, the Bijni Police Station, which is situated only ab