STATE OF H.P. Vs. JABAR HUSSAIN

JUDGEMENT

(1.) The State is in appeal against acquittal of the respondent herein, who shall hereinafter be referred to as the accused, for the offences under Sections 332, 353 and 354 of the Indian Penal Code (IPC), vide judgment dated 3.5.2004 passed by the learned Chief Judicial Magistrate, Kinnaur at Reckong Peo (H.P.) in Criminal Case No. 108-2 of 1999, State Vs. Jabar Hussain .

(2.) Bereft of details facts of the case are that the complainant (PW-3) was at the relevant time serving as Lady Constable in Police Lines, Reckong Peo. On 1.11.1999 she along with some other officials was on patrol duty near the chowk at Reckong Peo. During those days Lavi fair was going on at Reckong Peo. At about 1.40 p.m., the accused allegedly came near the complainant and intentionally struck against her. When she raised objection, the accused slapped her. It was in such circumstances that the accused was over powered by the police personnel present there. On enquiry, he disclosed his name, parentage and address and stated that he was serving in Indian Tibet Border Police (ITBP) at Reckong Peo. Consequently, FIR Ext. PW3/A was registered against him at Police Station, Reckong Peo. The case was investigated into by the police.

(3.) On completion of investigation, the accused was sent up to face trial. On being charged, he did not plead guilty and claimed trial. The prosecution evidence followed. It examined seven witnesses in all.