STATE OF MADHYA PRADESH Vs. BHURESINGH CHANDANSINGH RAJPUT

JUDGEMENT

(1.) THIS appeal has been preferred by the State against the judgment dated the 13th of September 1958 passed by the Addl, Sessions Judge Vidisha in Criminal Appeal No. 68 of 1957 whereby he set aside the order of conviction and sentence Under Sections 451 and 354 IPC passed against the present respondent by the Magistrate First Class Khilchipur in Criminal Case No. 17 of 1957 and ordered him to be acquitted of both offences,

(2.) THE facts of the case, briefly stated, are that on the night of the 12th of January, 1957 at about 8-15 P. M/ the present respondent is alleged to have trespassed into the house of one Bhagwanlal constable at Khilchipur and on entering therein indecently assaulted his wife Mst. Satywati, who im-mediately raised a hue and cry. One Brijrnohan on hearing her outcry went to the house of Bhagwanlal but found its door closed from inside. Brij-mohan thereupon went and informed Bhagwanlal that the present respondent Bhuresingh head constable was inside his house. Thereupon Bhagwanlal along with Vijaysingh, Abdul Gani and other police constables came to his house. On pushing open the bolted door Bhagwanlal found that the accused was indecently assaulting his wife. Bhagwanlal with the help of Vijaysingh and others overpowered the accused. He was thereafter taken to the police station where Bhagwanlal lodged the first information report Ex. P/. 1.

(3.) THE accused was on the facts stated above prosecuted and tried for offences Under Sections 451 and 354 IPC