CUTTACK, India, May 1 -- Orissa High Court issued the following order on March 31:

1. The Appellant has filed the instantCriminal Appeal under Section 374(2) of the Code of Criminal Procedure, 1973/ Section 419(1) &(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the appellant jurisdiction of this Court. The appeal is preferred against the Judgment dated 17.09.2009 passed by the learned Ad Hoc Additional Sessions Judge,Fast Track Court No. II, Bhubaneswar, whereby the Respondnet was acquitted for the offences charged under Section 448, 354 and 376 r/w Section 511 of Indian Penal Code.

I. FACTUAL MATRIX OF THE CASE:

2. The brief facts of the case are as follows:

(i) On 29.01.2003,at about 4:00 P.M., the Appellant, being unwell, was resting alone inside her residence. At that time, the accused, taking advantage of her vulnerable condition and solitude, unlawfully entered the house and, with the requisite criminal intent, attempted to outrage her modesty by making an attempt to commit rape upon her.

(ii) Thereafter, the Appellant, in a state of alarm, raised a hue and cry and, in the exercise of her right of private defence, resisted the accused by striking him with a lathi. an act of self-defence, resisted the accused by striking him with a lathi. Upon hearing her distress calls, the neighbours immediately rushed to her residence, as a result of which the accused was prevented from carrying out his unlawful attempt.

(iii) Upon being inquired by the neighbours as to the caused of the commotion, the Appellant, in a distressed state, immediately narrated the incident and disclosed that the accused had attempted to commit rape upon her.

(iv) When the Appellant, along with the assembled neighbours, attempted to apprehend the accused, he managed to flee from the spot. Thereafter, on the very same day, the Appellant promptly lodged a F.I.R. before the I.I.C. of Saheednagar, P.S., pursuant to which a case was duly registered in accordance with law.

(v) Thereafter, the investigation was taken up by the A.S.I. (P.W.4), who proceeded to examined four witnesses and prepared the spot map of the place of occurrence. On 30.01.2003, he also effected seizure of a boxer motor cycle in connection with the case. Upon completion of the investigation, chargesheet was duly submitted against the accused in accordance with law.

(vi) Upon conclusion of the trial, the learned Ad Hoc Addl. Sessions Judge, Fast Track Court No. II, Bhubaneswar,upon due appreciation of the evidence on record, was pleased to acquit the present Respondent of the charges framed against him. Being aggrieved by the aforesaid facts and circumstances, the Appellant has been constrained to approach this Court by way of the present criminal appeal.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=oo%2BtRJJeFk03ErxBsOJjIMd%2BHtje8nCPnkzFNjhJ5tni1nXvX0BAo5BLmreHArFL&caseno=CRLLP/72/2010&cCode=1&cino=ODHC010008992010&state_code=11&appFlag=)

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