STATE OF HIMACHAL PRADESH Vs. TITU RAM

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 23.8.1999, accused was put to trial. In terms of judgment dated 30.8.2003 passed by Judicial Magistrate, Ist Class, Court No. 3, Shimla, H.P. in Criminal Case No. 66/2 of 1999 titled as State of H.P. v. Titu Ram, accused stand acquitted of the charged offence.

(2.) It is the case of the prosecution that Smt. Sawitri Devi (PW-1) was residing in a 'dhara' alongwith her small children near Brockhust, Chhota Shimla. She had purchased ghasni land from the HP PWD department for growing grass as she was in the business of dairy farming. On 23.8.1999 at about 10.30 a.m. when she was cutting grass from the said land when accused Titu Ram, who was working as a servant in the house of Mr. Kalra, started uttering filthy language. He tried to take away the cut grass which was objected to by her. At that accused caught her from her arm and slapped her 2-3 times on her face. He also started outraging her modesty and snatched the golden ear ring worn by her. She raised hue and cry. Sh. Geeta Ram (PW-3), Kirpa Ram (PW-2) and Thanku Ram arrived at the spot and rescued the complainant from the clutches of the accused. Accused left the spot but threatened the complainant that he would do away her life in future. The matter was reported to the police and statement (Ext.PW-1/A) of PW-1 was recorded on the basis of which FIR dated 23.8.1999 (Ext.PW-4/B) was registered in Police Station, Chhota Shimla, under Sections 354, 356 and 506, IPC. The police investigated the matter and the complainant was got medically examined and her medical report (Ext.PW-5/A) is on recorded.

(3.) With the completion of investigation, challan was presented in the Court for trial. Notice of accusation was put to the accused for having committed an offence punishable under Sections 354, 323 and 506, IPC to which he did not plead guilty and claimed trial.