STATE OF H P Vs. MANOHAR LAL

JUDGEMENT

(1.) The acquittal of the respondents, for the offences punishable under Sections 354, 452, 324, 325 and 506 read with Section 34 of the Indian Penal Code, passed by the learned trial Court in Case No.28/ 2 of 2001, on 29.6.2002, has been challenged by the State in this appeal.

(2.) In brief, the prosecution story can be stated thus. On 27th February, 2001, around 3 p.m., there was some marriage ceremony in the house of a co-villager of the complainant PW1 Sharda Devi. Her husband and children had gone there, but she was alone in her house. It is alleged that the respondents finding her alone, entered in her house and asked about her welfare. She objected their entry and asked them as to how they dare to enter into her room. On this, respondent Manohar Lal grappled with her and caught hold of her breasts. When she tried to wriggle out from his clutches, his co-accused Tarsem followed the pursuit. She raised hue and cry. On hearing the commotion, PW2 Roshan Lal maternal uncle of the complainant, came to the spot and found that the complainant was pinned down by both the respondents present in her room. When he asked them as to what they were doing there, they left her and gave kick blows and also fisticuffed him. Thereafter, they ran away from the spot. While running, they warned the complainant that in case, they would get another chance, she would not be spared. She narrated the entire incident to her husband on his arrival, late in the evening. Next day, i.e. on 28th Feburary, 2001, FIR was lodged in Police Station Nirmand, which is at a distance of about 20 K.M. from her village.

(3.) PW7 Parkash Chand SI/SHO, Police Station Nirmand visited the spot and prepared site plan Ex.PW7/A of the place of alleged incident. He recorded statements of the witnesses and also got the prosecutrix as well as PW2 Roshan Lal medically examined from PW5 Dr. R.D. Goyal. Roshan Lal was referred for the X-ray of his right arm and sky-gram Ex.PW5/B showed fracture of acromion, thus, injury No.6 was opined to be grievous and others simple in nature. On completing the investigation, the challan was presented in the court for the trial of the respondents, for the offences aforesaid.