INDORA, TEHSIL FATEHPUR, DISTRICT KANGRA, HIMACHAL PRADESH Vs. SHRI SUKH DEV SINGH SON OF SHRI AJIT SINGH, RESIDENT OF VILLAGE AND POST OFFICE REY

JUDGEMENT

(1.) THE petitioner seeks leave to appeal against the judgment dated 31.8.2011, passed by the learned trial Court in Criminal Case No. 2 -III of 2008. The record was requisitioned. Perused and the learned Counsel for the petitioner/appellant was heard.

(2.) AS per the allegations made in the complaint by the petitioner, the first respondent on 26.10.2004 cut and removed about six pieces of bamboo trees and the branches of Sheesam trees from her land. On the next day, i.e., 27.10.2004 her brother asked its reasons from him, but respondents No. 1 to 3 fisticuffed him. Even her younger sister was also beaten, who have tried to intervene. Attracted by their cries, the complainant reached the spot. The respondents are alleged to have hurled abuses to her. Her gold chain and ear -rings were stolen. She was dragged by the second respondent in the courtyard and outraged her modesty. CW3 Jasbir Singh and CW6 Jagdish Singh, who were passers -bye, came to the spot and rescued her from the clutches of the respondents.

(3.) THE perusal of the evidence on record reveals that with respect to the same incident the respondents had lodged the FIR against the complainant party, which was duly investigated by the police and the challan was presented. Ultimately the complainant and others faced the trial.