KU. VERSHA Vs. YOGESH @ ILU

JUDGEMENT

(1.) The present applicant is aggrieved by the judgment dated 31.03.2015 pronounced by Additional Sessions Judge, Chachoda, District Guna (MP) in Criminal Appeal No. 259/2014, whereby the judgment dated 19.08.2014 pronounced by Additional Chief Judicial Magistrate, Chachoda in Criminal Case No. 880/2012 has been affirmed. Vide judgment dated 19.08.2014, the trial Court has acquitted the respondents from the charges under Sections 454, 354 and 506 (II) read with Section 34 of Indian Penal Code, 1860 (for brevity, the 'IPC').

(2.) The prosecution story necessary for deciding the revision application is that on 26.09.2012, the respondents No. 1, 2 and 3 visited the house of the applicant who was alone at around 3 PM as the family members of the applicant had gone to the market for witnessing a local procession known as 'Vimaan'. The respondents No. 1, 2 and 3 knocked on the door of the house of the applicant and when she opened the door, she found four persons standing outside the door. They forcefully entered the house premise and on questioning by the applicant, they told her that they want to talk to her to which the applicant replied that when her family will be at home, then only she will talk to them. However, the respondent No. 1 did not agree and held the hand of the applicant with bad intention and started dragging her inside the room. At this juncture, the other accused person i.e. respondent No. 2 started taking photos of the applicant in his mobile. Due to this, the applicant started shouting. On hearing her call for help, the brother of the applicant Lalit Soni (PW-4) came back to the house premise to rescue her, due to which the respondents ran away. While running away, the respondents threatened the applicant that today she has been saved by her brother, otherwise they would have forcefully taken her and one of them would have married to her.

(3.) The applicant visited the police station for intimating about the incident. However, no heed was paid to her complaint, whereafter she went to the Office of the Superintendent of Police, where again no cognizance of her plight was taken. Lastly, she along with her family members visited the Office of Inspector General of Police, Gwalior (MP) and submitted a computer typed complaint dated 28.09.2012 acknowledged to have been received on 08.10.2012 (Exhibit P-2), who instructed his subordinate officials to enquire into the matter and take necessary recourse.