The appellant by filing this appeal under Section 372 of the Code of Criminal Procedure (in short “the Code”) questioned the legality of the judgment of acquittal dated 05.01.2015 passed by Judicial Magistrate, 1st Class, Dhanbad in G.R. Case no. 3797 of 2008 arising out of Jogta P.S. case no. 140 of 2008.

2. In short, the case of prosecution is based on the complaint filed by the informant Jairani Devi bearing C.P. Case no. 768 of 2008, which was subsequently forwarded to the police station and registered as the aforesaid case with the allegation that accused Rajender Paswan took her husband Karu Paswan on 26.04.2008 at 8.00 a.m. but when her husband did not return till the noon, she went to the house of the accused and asked about her husband and at that time, Bholi Paswan was also present there and both abused her and compelled her to leave the place and also asked her to go and inform the police. At about 1.00 P.M., the said accused Rajender Paswan and Bholi Paswan came to her house and again abused her. Rajender Paswan caught her from behind and Bholi Paswan tried to pull her down with some wrong intention and in altercation, her blouse and saari got torn. Accused Raj