SUKHWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present revision petition has been filed against the judgment dtd. 2/1/2019 passed by Additional Sessions Judge, Moga upholding the order dtd. 7/9/2017 passed by Sub Divisional Judicial Magistrate, Nihal Singh Wala, whereby respondent No.2 (herein) was acquitted from the charges under Ss. 458 and 354 of IPC.

(2.) For the sake of brevity, convenience and to avoid any confusions the revisionist-petitioner, who was the original complainant-informant in the FIR, will be referred to as 'complainant', and respondent No. 2, who was accused in the FIR, will be referred to as 'accused', respectively, in the present judgment. 2. Facts germane to the adjudication of the present revision petition are that FIR No.27 dtd. 23/3/2016 was registered against accused, resident of village Daudhar Garbi, District Moga under Ss. 458 and 354 of IPC at Police Station Badhni Kalan. The trial of the said case was concluded by the Court of Sub Divisional Magistrate, Nihal Singh Wala, and vide its judgment 7/9/2017, the accused was acquitted from the charges levelled against him. Aggrieved, by the acquittal of the accused (respondent No.2 herein), the complainant preferred an appeal challenging his acquittal. The learned Additional Sessions Judge, Moga vide the judgment dtd. 2/1/2019, upheld the order dtd. 7/9/2017 by holding that the trial Court has rightly acquitted the accused after appreciating the evidence in correct perspective and hence does not require any interference.

(3.) Feeling dis-satisfied by the acquittal of the accused (respondent No.2 herein) by both the Courts below, the complainant (revisionist) has preferred the present revision petition challenging his acquittal before this Court.