STATE OF H.P. Vs. RATAN LAL

JUDGEMENT

(1.) Prosecutrix lodged a report in Police Station Bharari for the offences punishable under Sections 323, 354, 504 and 506 Indian Penal Code against her brother-in-law respondent Rattan lal in terms of FIR No. 102 of 2005. At the time of lodging the report, she was accompanied by her husband Sh. Jai Ram. On 29.8.2005, there was a village fair. She stated that she was working in Sweet shop. Around 10 p.m. when she went out side to defecate, respondent came to the spot and caught-hold of her. She offered resistance and cried for help. On this, PW3 Sandhya Devi came there. She gave slaps and fisticuffed the respondent and rescued her. In the meantime, Rinki @ Vivek Soni, Ganga Singh and PW Anil Kumar came there. Respondent kept on abusing her even in their presence. Prosecutrix and Sandhya are alleged to have sustained simple injuries on their arms and legs. Police investigated the case and on completion of the investigation, challan was presented in the Court.

(2.) Respondent was tried and acquitted of the said offences against which the present leave to appeal has been sought.

(3.) On perusal of the record, it transpires that the prosecution had examined eight witnesses, including the Prosecutrix. Rinki @ Vivek Soni was not produced and examined in the Court but during the investigation of the case, his presence was held to be doubtful by the investigating officer.