STATE OF HIMACHAL PRADESH Vs. HARDYAL SINGH

JUDGEMENT

(1.) Assailing the judgment dated 15.9.2005, passed by learned Additional Sessions judge (Presiding Officer Fast Track Court), Solan, District Solan (H.P.) in Case No.5FT/10 of 2005, titled as Sh. Nand Lal Vs. State of H.P., reversing the judgment of conviction passed by Judicial Magistrate 1st Class, Kandaghat, District Solan, Himachal Pradesh, 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 the prosecution that complainant filed complaint (Ex.PW1/A) with S.H.O., Police Station, Kandaghat alleging that the accused had tried to outrage her modesty. On the basis of the said complaint, F.I.R. No.71 dated 30.7.2003 (Ex.PW5/A) was registered at Police Station, Kandaghat. Investigation was conducted by A.S.I. Ram Chand. With the completion of investigation, Challan was presented in the Court for trial.

(3.) The accused was charged for having committed offences punishable under the provisions of Sections 354 and 506-I of the Indian Penal Code, to which he did not plead guilty and claimed trial.