RAMCHARAN Vs. STATE OF M P

JUDGEMENT

(1.) Charges under sections 376, 511 and 342 of the Indian Penal Code were preferred on the basis of F.I.R. lodged and charge-sheet submitted and the accused appellant, aged 50 years at time of occurrence, stood trial there under. Because in the course of trial, the prosecution story changed, the charge also changed in conviction, which was made under section 354, Indian Penal Code.

(2.) What has come out in evidence, it is submitted by Shri S.L. Kochar, learned counsel appearing for the appellant, does not make out any offence against the appellant. He has placed the entire evidence before me and I have heard Shri O.P. Namdeo, learned Dy. Govt. Adv., for the State. I have no doubt that the contention raised is forceful and substantial. I say so after considering the evidence and the facts and other circumstances proved in the case.

(3.) In the F.I.R., a horrid and horrible picture was put up making out a strong case of gross indecent assault laying thread barred naked facts about naked bodies. Unfortunately everything evaporated when evidence was taken. The girls father P.W. 2 Bhagwan Das deposed very few things. He gave up totally the story which he had set up in the F.I.R. The only fact to which he deposed in Court was that when he was informed by P.Ws. 3 and 4 that his daughter P.W. 1 Laxmibai (aged 4 years) was locked up in a room by a neighbour of the accused appellant, he rushed from the place of work and he saw through the opening of the door that the accused appellant was lying on a cot and the girl was sitting on his stomach. He did not see any naked body; he did not see any indecent act or assault. It is also his evidence that when he knocked at the door, it was immediately opened and the girl came out. True it is that he also deposed that the girl was weeping, but it is equally true that the other witnesses who were also present at that time at the place of occurrence, viz., P.Ws. 3 and 4, did not say that it was so. Their evidence is that the girl came out and she showed no signs of stress or emotions and she made no complaint to her father in their presence.