STATE OF HIMACHAL PRADESH Vs. SHER SINGH

JUDGEMENT

(1.) The State is in appeal against the judgment dated 01.10.2005, rendered by the learned Chief Judicial Magistrate, Bilaspur, H.P., acquitting the respondent herein, who shall hereinafter be referred to as the accused , for the offences under Sections 457, 354, 324, 323 and 506 of the Indian Penal Code, in short IPC .

(2.) Briefly stated the case of the prosecution was that complaint Ex.PA was submitted by the complainant Smt. Phoola Devi (PW-1) to the Superintendent of Police, Bilaspur, H.P., against the accused, wherein his brother Prem Lal, brother s wife Rajni and mother (name not mentioned) were also named as co-accused, on the allegations that on 17.07.2001, at 10.00 AM, when the complainant was taking water from the public tap, all the aforesaid persons came there with an intent to pick up a quarrel with her. It was further alleged that the aforesaid Rajni tried to persuade the complainant to agree to the advances made by the accused to her to develop physical intimacy with him. However, according to the complainant, she rebuked the said Rajni for making such an immoral proposal, owing to which all the aforesaid persons gave beatings to her with fist and kick blows and when she raised alarm one Chet Ram came there and rescued her. It was further alleged by the complainant that on that very day during night at about 11.30 PM, the accused came to her house and gave a kick blow to the door of the house with force and as a result the temporary bolt of the room got opened.

(3.) On completion of investigation it was concluded by the police that neither there was any witness against the aforesaid Prem Lal, Rajni and mother of the accused nor any offence was established against them.