POONAM Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Applicant, by way of instant application under Section 378(4) of the Code of Criminal Procedure ('Cr.P.C.' for short) seeks leave to appeal against the impugned judgement of acquittal.

(2.) Brief facts of the case, as noticed by the learned trial court in para 1 of the impugned judgement are that the complainant initiated this criminal proceeding against the accused by filing present private complaint on the allegations on 9.10.2011 at about 7.00 PM when the complainant alongwith her mother and brother came back to their house after checkup of his brother from the hospital, accused who was already hiding behind the stairs of the house of the complainant with the intention to cause injuries to the brother of the complainant attacked the brother of the complainant. When the complainant and her mother intervened accused also attacked the complainant and her mother. Accused threatened the complainant and also attacked the complainant with intention to outrage the modesty of the complainant. Complainant made telephonic call on 100 to the police but no action was taken. She also moved an application moved to the SSP Karnal against the accused, but still the local police failed to take action. Complainant got her brother's MLR done on 14.10.20011. Since the police has failed to take any action, this present complaint has been filed by the complainant against the accused. After considering the preliminary evidence and hearing learned counsel for the complainant, the accused was ordered to be summoned to face trial for commission of offence punishable under Sections 323, 452 and 506 of the Indian Penal Code.

(3.) After leading the preliminary evidence by the complainantappellant, the learned trial court took the cognizance of the matter and issued the summoning order. Accused-respondent appeared. Having found a prima facie case, the learned trial court framed the charges against the accused. Accused pleaded not guilty and claimed trial.