MANI DEVI Vs. MOTI RAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 31.7.2008 passed by learned Sub Divisional Judicial Magistrate Chachiot at Gohar in Complaint No.32 -I/2005 acquitting the respondents.

(2.) THE facts in brief are that the appellant had filed complaint against the respondents alleging that on 6.3.2004 she was coming from the house of her niece at village Saroa accompanied by CW -2 Devku Devi. Respondent No.1 at 6.30 p.m. met them on the way. Respondent No.1 stopped the appellant on the way and restrained her from going ahead. He with the intention to outrage the modesty of the appe llant put her hands on the breasts of the appellant and started using criminal force on the said particular part of the body of the appellant. The appellant raised hue and cry to rescue herself. Respondent No.1 tried to strip off her clothes, but the appellant was saved by CW -2 with great difficulty. There was no other person on the spot except CW -2. Respondent No.1 threatened that he had caused the kidnapping of the daughter of the appellant earlier and now he would kidnap the other daughter also. Respondent No.1 uttered obscene words and threatened that he would kill the appellant.

(3.) THE respondents had inimical relations with the appellant. They had caused kidnapping of Indira Devi, daughter of the appellant. They threatened that they had kidnapped one daughter of the appellant and now they would kidnap her second daughter also. It has been alleged that on 8.3.2004, the appellant had filed compliant before the Superintendent of Police, Mandi who directed the SHO Gohar for necessary action. The respondents in connivance with the police tried to suppress the real matter and the police ultimately prepared a false and fictitious case under Sections 107 and 150 Cr.P.C.