YESODABAI BHAGWAN KHAMKAR Vs. PANDURANG DAGDU SANGLE

JUDGEMENT

(1.) This revision application by the original complainant is directed against an order of acquittal recorded by the learned Judicial Magistrate, First Class, Paithan, in favour of Respondents Nos. 1 and 2 in respect of offences punishable under sections 341 and 354 read with section 34 of Indian Penal Code in Criminal Case No. 382 of 1978, decided on 25th July, 1980.

(2.) The prosecution story in the lower Court was that on 9-4-78 the complainant Yeshodabai was returning back to her house in a village called Kekat Jalgaon in Paithan Taluka of Aurangabad District from a flour mill at about 7 p.m. or so and both the accused wrongfully restrained her and both of them outraged her modesty. On next day, the complainant lodged a complaint at Police Station, Paithan, and after necessary investigation, police put up a charge sheet for offences punishable under sections 341 and 354 read with section 34 of the Indian Penal Code against the two accused in the Court of the learned Magistrate. Those two accused are Respondents Nos. 1 and 2 in this revision petition.

(3.) Particulars of offences under sections 341 and 354 read with section 34 of the Indian Penal Code were explained to both the ac:used by the learned Magistrate and they pleaded not guilty. According to them, they have got litigation with one Tanaji and Parubai and as Tanaji is the husband of the complainant's sister, they are falsely implicated in this case.