STATE OF MAHARASHTRA Vs. PUNDLIK BAPURAO DHABALE

JUDGEMENT

(1.) Being aggrieved by the acquittal of the respondent for offence punishable under Section 354 of the Penal Code by the learned judicial Magistrate First Class, Court No. 10, Amravati, the State has preferred this appeal.

(2.) Facts, which led to the prosecution of the respondent, are as under: the respondent as well as prosecutrix Vrunda are residents of the same Village. On 1-10-1993 at about 9. 30 a. m. when Vrunda was alone in her field, the accused caught her hand and pulled her saree. She shouted and raised her sickle, whereupon the accused threatened to beat her with a stick. The prosecutrix informed her husband and then gave a report to the police, whereupon an offence was registered and investigation was commenced.

(3.) In the course of the investigation, police recorded statements of witnesses, performed panchanama of spot, arrested the accused and on completion of investigation, sent the chargesheet to the learned Judicial magistrate First Class. Upon consideration of material before him, the learned Magistrate framed charge of offence punishable under Section 354 of the Penal Code, to which the accused pleaded not guilty and claimed to be tried.