VIRENDRA NAUTIYAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PRESENT criminal appeal has been preferred by the complainant -appellant Virendra Nautiyal against the acquittal of the accused -respondent Satish Thapaliyal under Sections 323, 354, 504, 506 IPC.

(2.) A criminal complaint case was filed by the complainant against accused respondent for the offences punishable under Sections 323, 354, 504, 506 IPC in the court of Special Judicial Magistrate, Tehri Garhwal. In the said complaint it was alleged that on 21.11.2001, at 09:30 10:00 A.M., when the complainant was basking under the sun in front of the shop of one Baldev, vegetable vender, the accused came, abused him and slapped on his face. When the complainant raised hue and cry, nearby shopkeepers namely, Om Prakash and Rajesh Uniyal came and rescued the complainant. When complainant's wife reached on the spot and questioned the accused as to why did he beat her husband, the accused also abused her, tried to outrage her modesty and threatened her with dire consequences. The complainant made an attempt to lodge a report in the police station concerned, but to no avail. On 22.11.2001, the condition of complainant's wife worsened. She was taken to a doctor and, therefore, the criminal complaint case could only be filed on 23.11.2001.

(3.) THE accused was summoned to face the trial for the offences complained of against him. Charge for the offences punishable under Sections 323, 354, 504, 506 IPC were framed against the accused, to which he pleaded not guilty and claimed trial.