CHAMPA DEVI Vs. TEK DASS AND ORS.

JUDGEMENT

(1.) THIS petition has been preferred by the petitioner against the order passed by the learned Judicial Magistrate Ist Class -(II), Shimla, dismissing the prosecution case filed against the respondents -accused for offences under Sections 451, 354, 323, 506 read with Section 34 of the Indian Penal Code.

(2.) THE prosecution case in brief was that on 13.5.2001 at about 9.00 P.M. in village Shanha, the accused purportedly made unlawful entry into the house of the complainant Champa Devi, criminally assaulted her beating her with dandas when they found her alone in the courtyard of the house. The allegation is that they outraged her modesty by indulging in indecent activities. She raised an alarm and was rescued by her mother Smt.Sumna Devi, her sister -in -law Smt. Seema Devi and her brother Shri Nokh Ram. On seeing these persons, the accused -respondents fled away from the spot. The matter was accordingly reported to the Police at Dhali and First Information Report No. 110 of 2001 was registered in the Police Station at Dhali.

(3.) THE Court after a thorough appraisal of the evidence has dismissed the complaint. Learned Counsel appearing for the complainant submits that the learned Court was not correct in not accepting the testimony of the complainant who was categoric in her statement that she was the victim of the indecent assault. This evidence cannot be accepted for the reason that the complainant had a dog with her, other witnesses have not supported her case at all which includes her mother, sister -in -law and brother. Nobody from the nebhiouring houses came to the scene of occurrence.