Law: Code of Criminal Procedure (CrPC), 1898

Section: 417 (2-A) Cr.P.C.

Headnote

Criminal Procedure Code (V of 1898) — S. 417(2-A) — Penal Code (XLV of 1860), Ss. 452, 354, 376, 511, 365-B/34 — Appeal against acquittal — Private complaint — Dismissal in limine — Contradictions, delay, and mala fides — Held, no perversity or misreading of evidence; acquittal upheld.

Facts

The petitioner, Bibi Tabassum Nazli, filed a private complaint under Sections 452, 354, 376, 511, 365-B/34 PPC alleging that the respondents and an unknown person entered her house on 29-07-2012/2013, attempted to commit zina and assault her, tore her shirt, and fled when witnesses arrived.
The SHO declined to register a case; her subsequent application under Ss. 22-A & 22-B Cr.P.C. was dismissed. She then lodged a private complaint before the Additional Sessions Judge, Jand, which was dismissed in limine on 19-08-2013 for want of convincing evidence.
She sought special leave to appeal under S. 417 (2-A) Cr.P.C., contending that the trial court misread evidence and ignored ocular testimony.

Held, per Aalia Neelum, J.:

Contradictions and inconsistencies.