KANTA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant, who was the complainant, had made a complaint by way of FIR No.189 dated 7.9.2007 under Section 354 of the Indian Penal Code, Police Station Kharkhoda, District Sonepat that on 4.9.2007 at about 2.00 pm, the accused i.e. respondent No.2 herein, had made an attempt to outrage her modesty. She, at that time along with her daughter Sweety, had gone to their 'gitwar' for making cow dung cakes and Sweety had gone to answer the call of nature. Respondent No.2 Sandeep came there and caught hold of the complainant from behind and held her from the breasts. She raised a noise, on which her daughter came running and on seeing her Sandeep fled from there. The matter was not reported to the police immediately as husband of the complainant came back on 7.9.2007 from Delhi where he used to work and then the matter was reported.

(2.) The trial Court found the accused guilty and convicted and sentenced him. Sandeep filed an appeal and the Appellate Court acquitted him on 7.8.2013.

(3.) Counsel for the appellant argued that the Appellate Court wrongly held that the delay in lodging the FIR was unexplained and this point was logically dealt with by the trial Court. The trial Court rightly observed that the complainant very candidly stated that she had waited for her husband before informing the police and her husband could not come earlier as he did not get leave. Statement of the complainant was sufficient especially when her version was corroborated by her daughter.