STATE Vs. JETHU

JUDGEMENT

(1.) THE appeal preferred under section 378 of Code of Criminal procedure, 1973, (hereinafter re ferred as Cr. P. C.), is directed against the judgment and order dated 7. 1. 1991, passed by learned Sessions Judge, Uttarkashi, in Sessions Trial No. 2 of 1990, whereby re spondent Jethu has been acquitted of charge of offences punishable under sec tion 354 and one punishable under section 302 of India Panel Code, 1860 (hereinafter referred as I. P. C. ).

(2.) HEARD learned Counsel for the parties and perused the entire lower Court record.

(3.) BEFORE further discussions, it is pertinent to mention here the injuries found on the person of Km. Deepa (P. W. 2), who was medically examined on 13. 1. 1990 by P. W. 5 Dr. S. K. Pant), who prepared in jury report Ext. A-4. The injuries recorded are being quoted below: " (1) Contusion 4 cm. x 2 cm. over the outer aspect of right upper arm. Colour bluish. (2) Contusion 2. 5 cm. x 2 cm. over the outeraspect of right forearm lower 1/3. Colour bluish. (3) Traumatic swelling 4 cm. x 2 cm. over the outer surface of right hand at the 5th metacompo phalangeal junction. (4) Traumatic swelling over the outer aspect of left elbow joint measuring 3 cm. x 2. 5 cm. (5) Linear abrasion 2 cm. over the outer surface of left forearm about the wrist. Scab-formed" The Medical Officer found injuries simple in nature and opined that injury Nos. 1 to 4 were caused by blunt object. He also gave the opinion that the injuries were three days' old.