STATE OF HIMACHAL PRADESH Vs. BHAGAT RAM

JUDGEMENT

(1.) ASSAILING the judgment dated 03.10.2007, passed by learned Judicial Magistrate 1st Class, Arki, District Solan, H.P. in Criminal Case No.98/2 of 2004, titled as State of Himachal Pradesh Versus Bhagat Ram, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 16.05.2004 at about 6.00 AM, accused Bhagat Ram entered the cowshed of complainant -prosecutrix (PW.1) and outraged her modesty. When she tried to resist, accused hit her head with the wall as a result of which she sustained injuries. The incident was witnessed by her son Tek Chand (PW.5), and passerby Mahesh Dutt (PW.3) and Naresh (not examined). Same day at 8.00 PM Kanshi Ram (PW.2) her husband returned home to whom she narrated the incident. When Kanshi Ram (PW.2) confronted the accused, he was also given beatings. Also accused threatened the entire family of dire consequences. Thereafter, both the prosecutrix and her husband went to Police Station, Arki and lodged FIR No.0064 dated 16.05.2004 (Ex.PW.1/A) under Sections 354, 451, 323 and 506 IPC. Prosecutrix was got medically examined from Doctor Sant Lal (PW.8), who issued MLC (Ex.PW.8/A). The matter was investigated by SI Kanwar Singh (PW.6) and ASI Hoshiyar Singh (PW.7). With the completion of investigation, Challan was presented in the Court for trial.

(3.) IN order to establish its case, in all, prosecution examined as many as eight witnesses. Statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he pleaded his innocence. No evidence in defence was led.