PATHUMMA Vs. K. KUNJABDULLA & ORS.

JUDGEMENT

(1.) The revision petitioner herein is the defacto complainant in C.C. No. 914 of 2000 of the Judicial First Class Magistrate Court, Vadakara, and the 1st respondent herein is the accused in the said case. The accused faced prosecution in the court below under Sections 452, 354, 323 and 324 IPC, on the allegation that at about 7.00 am on 02.07.2000, he trespassed into the house of the defacto complainant while she was having tea at the kitchen, he assaulted her and outraged her modesty, and when her son and husband came there, he assaulted them also and beat them with an umbrella. The Police registered the crime on the basis of the First Information Statement given by the defacto-complainant on 11.7.2000 at the Government Hospital, Vadakara. After investigation, the Police submitted final report in court.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty to the charge framed against him. The prosecution examined nine witnesses and proved Exhibits P1 to P7 documents in the trial court. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C , 1973and in defence, he examined a witness as DW1. Exhibits D1 and D2 were also marked on his side.

(3.) On an appreciation of the evidence, the trial court found that the evidence given by the material witnesses is not convincing and satisfactory, to prove the case beyond reasonable doubt, and accordingly the trial court acquitted the accused by judgment dated 28.06.2003. Aggrieved by the Judgment of acquittal, the defacto complainant has come up in revision.