MUKESH RANI Vs. BHUPINDER SINGH AND ANR

JUDGEMENT

(1.) Instant criminal revision petition, at the hands of complainant, is directed against the judgment dated 23.09.2014 passed by learned Additional Sessions Judge, Panchkula and also the impugned judgment of acquittal dated 26.03.2013 passed by learned Judicial Magistrate 1st Class, Panchkula, whereby accused-respondent No.1 was acquitted of the charges framed against him.

(2.) Brief facts of the case, as recorded by the learned trial Court in para 2 of its impugned judgment of acquittal, are that on 27.11.2008, SI Lakhmi Chand along with Constable Suresh Kumar and Constable Mahender Singh were present on Amartex Chowk, Panchkula, when complainant Mukesh Rani moved a complaint with them alleging that she was a Teacher by profession. She was residing in Panchkula alone. On 25.10.2008, at around 7.30 PM, she was walking towards her house from Sector 19. One white colour Maruti Car stopped near her. She could not note down its number because it was dark. The driver was in uniform of a lawyer. Second person was Bhupinder Singh, a resident of House No.837, Sector-19. He got down from the car and started misbehaving with her. He used vulgar and abusive language and tried to forcibly drag her inside the car. She raised a noise for help at which he threatened her with dire consequences. He said that the Chairman of University was his friend and that she cannot do anything. Then he ran away in the car. Complainant became frightened. She was under mental and physical trauma. She reached her house and narrated the incident to her family members. Earlier also, accused had committed such acts. She had reported the matter in PP, Sector-19 but the matter was resolved with the intervention of respectable persons. A penal action was prayed for. On this complaint, case was registered. Investigation was conducted. Accused obtained anticipatory bail on 09.12.2008. After completing formalities of investigation, final report was filed in the Court.

(3.) Copy of the challan and documents attached therewith, was supplied to the accused, as per the provisions of Section 207 of the Code of Criminal Procedure ('Cr.P.C.' for short). Having found a prima facie case against the accused, he was charge-sheeted. He pleaded not guilty and claimed trial.