X (ASSUMED NAME) Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Present revision petition has been preferred by the petitioner - victim 'X' (changed name) to challenge the legality and correctness of an order dated 02.03.2016 of learned Addl. Sessions Judge in Crl.A.No. 09/2015 arising out of FIR No.63/05 registered under Sec. 509 Penal Code at PS Prasad Nagar whereby judgment dated 31.10.2014 of learned Metropolitan Magistrate acquitting the respondents was upheld.

(2.) Learned Senior Counsel for the petitioner urged that the impugned orders cannot be sustained as there was cogent and material evidence on record to establish commission of offence punishable under Sec. 509 IPC. The Trial Court did not appreciate the evidence in its true and proper perspective and fell into grave error to observe that dirty words used by the respondents were not incorporated in the complaint. The co-complainant 'Y' (Assumed name) had categorically narrated various incidents whereby respondent Murli Lal Sharma had outraged her modesty by uttering objectionable words / foul comments.

(3.) At the outset, it may be mentioned that FIR No.63/2005 was lodged on the joint complaint of 'X' (the present petitioner) and 'Y' on 26.07.2004. Both the complainants examined themselves as PW-2 and PW- 1 respectively. By a judgment dated 31.10.2014, the respondents were acquitted of the charges. The present petitioner filed Crl.A.No. 09/2015 to challenge respondents' acquittal which resulted in its dismissal. Co-complainant 'Y' seemingly did not challenge the respondents' acquittal.