STATE OF MADHYA PRADESH Vs. UMESH CHAUDHARY

JUDGEMENT

(1.) This appeal under Sec. 378(III) of the Code of Criminal Procedure, 1973has been filed by the appellant/State assailing the judgment and order of acquittal dtd. 6/11/2015 passed in Criminal Case No.4696 of 2013 (State of M.P. vs. Umesh Choudhary) by the learned Judicial Magistrate First Class, Katni (M.P.), whereby the respondent/accused, Umesh Choudhary, has been acquitted of the offence under Ss. 354-ka(1)(i) of the Indian Penal Code.

(2.) Briefly stated, the prosecution case is that the prosecutrix (PW-1) a resident of village Bhajiya, Police Station Badwara, had gone to visit her sister (PW-2) in village Pahrua about ten days prior to 26/9/2013. On 26/9/2013 at around 02:00 PM, the prosecutrix had gone for a walk on the road along with her sister. At that time, when her sister went aside to ease herself and the prosecutrix was alone on the road, the respondent/accused approached her and finding her alone, threatened her by stating that if she did not love him, he would inform her in-laws that she was involved in illicit activities with other persons.

(3.) It is alleged that the respondent/accused threatened to defame the prosecutrix with the intention of pressurizing her to fulfil his unlawful demands. Thereafter, the prosecutrix informed her sister about the incident and subsequently went to her father (PW-3) at village Bhajiya. After narrating the incident to him, she approached the concerned Police Station and lodged the FIR (Ex.P-1). During the course of investigation, the spot map of the place of occurrence (Ex.P-2) was prepared and the statements of the witnesses were recorded. Upon completion of the investigation, the charge-sheet was filed before the competent Court. Charge was framed. The respondent/accused abjured his guilt, pleaded innocence and claimed to be tried. Statements of the witnesses were recorded.