SHYAMA BAI Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has preferred the present revision against the judgment dated 16.5.2003 passed by the Judicial Magistrate First Class, Gadarwara in Criminal Case No.339/2001 whereby the respondent No.2 was acquitted from the charge of offence under Sections 447, 354 and 323 of IPC.

(2.) The prosecution story, in short, is that on 17.11.2001 the victim/prosecutrix (PW-1) was in her house situated at Village Kheri (Police Station Tendukhera District Narsinghpur). At about 8:00 PM the respondent No.2 went inside the courtyard of the house of the prosecutrix and held her hand. Thereafter he pressed the breasts of the prosecutrix but on her shouting her sister-in-law Ramwati Bai, Munnalal and Badam Bai came to the spot and then the respondent No.2 assaulted her by a stick causing injury on her right thigh and ran away. In scuffling some bangles were broken, and therefore the prosecutrix sustained some injuries in her right hand. The FIR was lodged on the same day at about 10:25 PM at Police Station Tendukhera. The victim was referred to the Community Health Centre, Gadarwara where she was examined by Dr. S.P.Ahirwar (PW-4), who gave a report Ex.P-2. He found contusion on the right thigh of the prosecutrix and scratch on the right forearm. The prosecutrix were also complaining about the pain on her neck and breasts, but no visible injury was found. After due investigation a charge sheet was filed before the competent Court.

(3.) The respondent No.2 abjured his guilt. He took a plea that the applicant was real aunt of the respondent No.2 and due to political enmity he was falsely implicated in the matter. However, no defence evidence was adduced.