STATE OF H P Vs. SURENDER SINGH

JUDGEMENT

(1.) For an offence which is alleged to have been committed on 21.3.1999, accused was put to trial. In terms of judgment dated 31.10.2003 passed by learned Additional Chief Judicial Magistrate, Kasauli at Solan, in Crl. Case No. 104/2 of 1999, titled as State of H.P. v. Surender Singh, the accused stands acquitted of the charged offence.

(2.) It is the case of the prosecution that on 21.3.1999 Smt. Manju (PW-1) was in her house at Bhuranwal. At about 12.00 O Clock in the night the accused trespassed into her house with an intention of assaulting her and using criminal force in order to outrage her modesty. The accused entered the house and assaulted the victim. On 12.4.1999 Smt. Manju filed a complaint and under Section 156 Sub-section 3 Cr.PC, the matter was forwarded to the police for investigation. With the completion of the same the challan was presented in the Court for trial. The accused was charged for having committed an offence punishable under Sections 354 & 451 IPC, to which he did not plead guilty and claimed trial. In order to prove its case the prosecution examined 11 witnesses and the statement of the accused under Section 313 Cr.PC was also recorded.

(3.) The Court below acquitted the accused for the reason that the prosecution was not able to prove the charge beyond reasonable doubt.