STATE OF CHHATTISGARH Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) This acquittal appeal has been preferred by the appellant/State against the judgment dtd. 5/7/2002 passed by the Judicial Magistrate First Class, Bemetara District Durg (C.G.) in Criminal Case No.199 of 99 whereby respondents have been acquitted of the charge punishable under Ss. 354 and 323 of the Indian Penal Code, 1860 (in short 'IPC").

(2.) Brief facts for disposal of this appeal, are that, on 10/10/1999, at about 10:15 PM, prosecutrix was standing in front of her house, at that relevant time, Devendra Kumar and Taranlal came there and caught hold of her and kept behind her house. Both the accused persons kissed her and pressed her breast, when she shouted, they slapped her on cheek. Prosecutrix came to the house of her uncle, i.e. Namdas (PW-2) and narrated the incident to him and then, she came to her house and narrated the incident to her parents alleging that accused have kissed her as also pressed her breast with an intention to outrage her modesty. Thereafter, prosecutrix lodged report to the concerned Police Station. After completion of investigation, charge-sheet was filed against the accused persons.

(3.) So as to hold the accused/respondents guilty, the prosecution has examined as many as 5 witnesses. The statement of the accused/respondents were also recorded under Sec. 313 of Code of Criminal Procedure, 1973, in which, they denied the charges levelled against them and pleaded innocence and false implication in the case. The respondents have adduced one witness in their defence.