LAWS(ALL)-2021-10-99

STATE OF U.P. Vs. SACHIN

Decided On October 23, 2021
STATE OF U.P. Appellant
V/S
SACHIN Respondents

JUDGEMENT

(1.) This appeal under Sec. 378 (3) Cr.P.C. has been preferred by the State against the judgment and order of acquittal dtd. 18/2/2020, passed by learned Additional Sessions Judge/Fast Track Court-II, Gautambudh Nagar, in S.T. No.69 of 2016 arising out of Case Crime No.199 of 2015 under Ss. 452, 376 IPC, Police Station-Jarcha, District- Gautambudh Nagar, whereby the respondent-original accused has been acquitted of all the charges levelled against him.

(2.) The brief facts of the prosecution case are that a first information report was lodged at Police Station-Jarcha by Sube Singh, husband of the prosecutrix, stating that on 14/8/2015, he had gone to school where he was teacher. At about 11:30 am, his neighbor Sachin (accused/respondent) entered his house where his wife was alone. On the pointing out of knife, Sachin threatened his wife and by molesting, tried to rape her and on making hue and cry by his wife, Sachin fled away by giving life threat to her.

(3.) A case crime bearing No.199 of 2015 was registered at the police station under Ss. 452, 376 IPC against accused Sachin. Investigating Officer recorded statement of prosecutrix and other witnesses under Sec. 161 Cr.P.C. and prepared site-plan. The statement of prosecutrix was also recorded under Sec. 164 Cr.P.C. before competent Magistrate and she was also medically examined. On completion of investigation, the Investigating Officer submitted charge-sheet under Ss. 452, 376 IPC.