STATE OF U P Vs. DHARMENDRA KUMAR

JUDGEMENT

(1.) The application has been moved by State of U.P. for leave to file appeal against the impugned judgment and order dated 27.07.2018 passed by 7th Additional Sessions Judge/ Special Judge, SC/ST (Prevention of Atrocities) Act, Budaun in S.S.T. No.193 of 2017 (State of U.P. Vs. Dharmendra Kumar), acquitting the respondent from the charges under sections 354A, 504, 506 IPC and section 3(1)10 SC/ST (Prevention of Atrocities) Act.

(2.) Heard Shri L.D. Rajbhar, learned AGA for the State and perused the records.

(3.) Learned AGA has assailed the impugned judgement of acquittal on the ground that the impugned judgement and order is wrong on the facts of law and the learned trial court has acted wrongly and perversely in holding P.W.-2 Anil Kumar Saxena, the clerk of the college to be an interested witness while he was not at all interested rather was an independent witness; that for lodging F.I.R. of the incident, the prosecutrix had moved an application under section 156(3) Cr.P.C. without any inordinate delay and her application was treated as complaint, wherein, she supported the complaint case and duly corroborated by the statements of P.W.-2 Anil Kumar Saxena and P.W.-3 Omveer; that P.W.-3 Omveer was son-in-law of complainant/victim but P.W.-2 Anil Kumar Saxena was not related with the complainant in any manner whatsoever and so his testimony was creditworthy; that it is proved from the evidence on record that the respondent used to pass filthy comments in order to outrage modesty of complainant by stating that:-