RATNI Vs. HANUMAN SINGH AND ORS.

JUDGEMENT

(1.) THE instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 23.12.2010 passed by learned Judicial Magistrate Ist Class, Rewari whereby complaint filed by applicant under Sections 354/341/506/218/323/34 IPC has been dismissed and respondents have been acquitted of the charges framed against them.

(2.) BRIEF facts of the present case are that the present complaint was filed by the complainant against the respondents for summoning them to face trial for the commission of offence punishable under Sections 354/341/506/218/323/34 IPC. It is alleged by the complainant that on 02.08.2001 at about 1.00 PM she was going for taking medicine from a doctor in village Nimot. When she reached near the well of Jai Narain of Village Jainabad she felt uneasiness and sat under a tree. In the meanwhile Hanuman, Suni, Bharthu and Sombir r/o Village Thatherabad who are known to the complainant on finding her alone caught hold of her with bad intention and torn out her blouse and pulled her saree. The accused persons assaulted her with intention to outrage her modesty. She raised noise which attracted Randhir s/o Jai Narain. On restraining the accused they gave beatings to Randhir Singh. Dharambir had also came there and thereafter, accused persons ran away. She made complaint to the respectable persons of the village in this matter but of no avail. Husband of the complainant was suffering from heart ailment and he was admitted in City Heart Clinic, Rewari from 07.08.2001 to 10.08.2001. She also moved an application before SHO Police Station, Khol upon which FIR No. 158 dated 11.08.2001 under Section 354/34 IPC was registered against the accused and the investigation was done by Sh. Laxman Dass, DSP, Rewari but the local police officials were not taking action against the accused persons with an oblique motive. Police of police post, Dahina obtained her thumb impression on blank papers and raised a demand of Rs.2000/ - and also misbehaved with her. Therefore, the complaint was filed.

(3.) THE complainant, in order to prove her case, examined herself as PW1, Dharambir as PW 2, ASI Raj Pal as PW 3, Dayanand EHC as PW 4, Laxman Dass retired DSP as PW 5, Raj Pal ASI as PW 6, Dr. Joginder Tanwar as PW 7, Randhir Singh as PW 8 and close the evidence.