STATE OF CHHATTISGARH Vs. SEEMA RATHORE

JUDGEMENT

(1.) This appeal has been preferred by the State/Appellant being aggrieved with the judgment of acquittal dtd. 21/12/2016 passed by the Judicial Magistrate First Class (JMFC), Raipur, District ' Raipur (C.G.) in Criminal Case No.2528/2015 whereby the learned Trial Court acquitted the respondents/accused from the offence punishable under Ss. 294, 323/34 and 324/34 of the Indian Penal Code, 1860 (in short 'the IPC').

(2.) Facts of the case in brief are that complainant Punam Rathore (PW-1) lodged a complaint in the police station alleging therein that on 15/2/2015 at about 11:00 PM when she was going to toilet, the respondents/accused started quarrel with her saying that it is not your father's toilet, why do you not clean the toilet. They also abused the complainant with filthy language and assaulted her by throwing photo frame. When husband of the complainant, namely, Ravindra Rathore (PW-2) tried to save the complainant, he also received injury on his right thumb and other fingers. On the basis of the said complaint, offence was registered against the respondents/accused. After completion of the trial, charge-sheet was filed. The Trial Court framed the charges against the respondents under Ss. 294, 323/34 and 324/34 of the IPC. After completion of the trial and upon hearing both the parties, the Trial Court acquitted the respondents from all the charges. Hence, this acquittal appeal has been preferred by the State/Appellant.

(3.) Shri Sanjeev Pandey, learned Counsel appearing for the State/Appellant would submit that the learned Trial Court has committed manifest illegality in acquitting the respondents of charges punishable under Ss. 294, 323/34 and 324/34 of the Indian Penal Code, as the ingredients constituted in the offence under Ss. 294, 323/34 and 324/34 of the IPC have been duly established by the prosecution and, therefore, the order of acquittal deserves to be set-aside.