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2006 Supreme(Jhk) 49

N.DHINAKAR
Mahendra Saw Alias Mahendra Kumar Sahu – Appellant
Versus
State Of Jharkhand – Respondent


ORDER

N. Dhinakar C.J.

1. This revision is against the order of the Addl. Sessions Judge, FTC No. IV, Dhanbad, revising the order of the Judicial Magistrate 1st Class, in C. P. Case No. 1000/04, dismissing the complaint of the complainant, who is the Opp. Party No. 2 in this revision.

2. A complaint was filed by the complainant (Opp. Party No. 2) against the petitioner, Mahendra Sahu, with an Allegation that at about 1.30 P. M. on 23-1-04, the petitioner, after requesting the complainant to make a cup of tea, caught her and pushed her onto the bed and forcefully raped her. According to the complainant - Opp. Party No. 2 she narrated the incident and thereafter filed a complaint at the police station. She has further alleged that since the police did not take any action, she had to come by way of a private complaint to seek justice. The complaint was taken on file, complainant was examined and it was fixed for enquiry under Section 202 Cr. P. C. During the course of enquiry, two witnesses were examined on behalf of the complainant - Opp. Party No. 2 and thereafter, the learned Magistrate went on to pass an order dismissing the complaint. The complainant - Opp. Party No. 2, aggrieved b




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