STATE OF M P Vs. KOMAL

JUDGEMENT

(1.) The appellant / State has preferred this appeal being Aggrieved by the judgment dated 20.3.1996 passed by Additional Chief Judicial Magistrate .Waraseoni District Balaghat in Criminal Case No.349/86 wherein the respondent/accused Komal has been acquitted from the charge punishable under Section 354 of Indian penal code (hereinafter referred to as the ,IPC).

(2.) Short facts of the case are that on 17-4-86 at about 10:00 A.M, Kausalyabai ( PW-1) had went with her nephew Ramesh Kumar (PW-2) to pick up mahua from the agricultural field Suddenly . the respondent/ accused came from behind and dragged the right leg of the prosecutrix. Which resulted in her fall on the ground and then he overpower her and tried to rage her modesty by gagging the mouth molesting her breast and making her nude. The prosecutrix raised alarm for her nephew and after seeing the nephew coming the accused ran from the sport. Report of this incident was lodged at the police station Lalbarra on 17-4-86 and crime under Section 354 of IPC was registered against the respondent/accused .

(3.) The respondent/accused was charged under section 354 of IPC. He abjured the guilt and pleaded complete innocence praying that he has been falsely implicated in the cast .