BUDHESHWARI DEVI Vs. STATE OF UTTARAKHAND & ORS

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 6.12.2010, passed by the Additional Sessions Judge/F.T.C., Tehri Garhwal in Criminal Appeal No. 29 of 2009, whereby the said court has allowed the appeal and acquitted the accused Chandra Mohan Bhatt (respondent no. 2) from the charge of offences punishable under Section 354 and 504 IPC.

(2.) I have considered the submissions of learned Counsel for the revisionist and also perused the impugned judgment challenged before this Court.

(3.) At the time of alleged incident, the revisionist (complainant) was a married woman having three children, and she was involved in litigation with the accused Chandra Mohan Bhatt for some 8-9 years. The lower appellate court, after considering the facts and circumstances of the case, found that the statements of 2 the witnesses were not reliable and there were sufficient reasons not to believe the prosecution story. Giving benefit of reasonable doubt, the lower appellate court allowed the appeal and acquitted the accused.