STATE OF HIMACHAL PRADESH Vs. AVTAR SINGH

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 01.04.2005, delivered by the learned Chief Judicial Magistrate, Mandi, whereby he acquitted the accused of having committed offences punishable under Sections 341, 354 and 323 IPC.

(2.) The prosecution case is based on the complaint made by the prosecutrix (name withheld). According to the prosecutrix, who is a married lady, on 12 th October, 2001, she had taken her cattle for grazing and when she reached near a nallah, the accused, who had also taken his bullocks for grazing, hold caught hold of her by her arm. He pressed her chest and indecently fondled her breasts. She raised an alarm and on hearing her alarm, PW-3, Rajeshwari Devi, came on the spot. On seeing Rajeshwari Devi, the accused ran away. Thereafter, the prosecutrix went home and told her mother-in-law, PW-2, Bhupi Devi, about the incident. Then, the prosecutrix and her mother-in-law went to the police station to lodge the report and on the basis of this complaint, FIR, Ex. PW-1/A, was lodged. The police swung into action and the prosecutrix was medically examined from Dr. Jyoti (PW-6), who issued the MLC, Ex. PW-1/B. Thereafter, the accused was charged for having committed the offences aforesaid and after trial, he has been acquitted. Hence, this appeal by the State.

(3.) Before dealing with the appeal on merits, I would like to comment on the approach of the learned trial Judge while deciding the case.