ANITA BAI Vs. SHEKHAR

JUDGEMENT

(1.) This appeal is directed under Section 372 of Code of Criminal Procedure against a judgment of acquittal dated 13.02.2015 passed by Additional Sessions and Special Judge{(SC/ST) (Prevention of Atrocities)}, Harda in Special S.T.No.18/2014 acquitting the respondent No.1 from the offence punishable under Section 456, 354 & 506 in alternate 506/34 of IPC and Section 3(1)(XI) of SC/ST (Prevention of Atrocities) Act and the respondent No.2 from the offence punishable under Section 456 & 506 in alternate 506/34 of IPC.

(2.) Facts giving rise to this appeal in short are that on 28 th of March, 2014 at about 12 O'clock in the night, the husband of the prosecutrix had gone to supply the water in the field and the prosecutrix and her children were sleeping at home. At about 1:30 O'clock in the night of 29th of March, 2014, the prosecutrix after hearing the noise opened the door and the respondent Nos. 1 & 2 had entered the house forcefully. Respondent No.1 Shekhar caught hold hand of the prosecutrix and tried to outrage her modesty. Meanwhile, the husband of the prosecutrix came back and she told the incident to her husband. The respondent Nos. 1 & 2 gave threat to them with dire consequences. On the next date, the incident was disclosed to father and mother -in -law of the prosecutrix. Thereafter, she lodged a report in the police station. The police investigated the matter and filed a charge -sheet before the JMFC, Harda, from where, the case was committed to the Court of Special Judge, who framed the charges against the respondent No.1 for the offence punishable under Section 456, 354 & 506 in alternate 506/34 of IPC and Section 3(1)(XI) of SC/ST (Prevention of Atrocities) Act and the respondent No.2 from the offence punishable under Section 456 & 506 in alternate 506/34 of IPC The respondents appeared before learned trial Court and abjured their guilt, on which, the trial is commenced.

(3.) To prove its case, the prosecution examined the prosecutrix as PW/1, her husband Ramkishan as PW/2, Punjilal Bakawale, Joint Collector Khandwa as PW/3, Vinod Kumar Shrivastava, SDOP, Harda as PW/4, Kanchan Singh Thakur, Sub Inspector as PW/5 and Dr. R.K. Vishwakarma as PW/6. The prosecution also got exhibited documents Ex.P/1 to Ex.P/5. During accused statements, the respondents denied all the evidence put forth against them and their defence was that due to previous enmity they have been implicated in the case.