STATE OF HIMACHAL PRADESH Vs. SUBHASH CHAND

JUDGEMENT

(1.) ASSAILING the judgment dated 13.9.2006, passed by learned Presiding Officer, Fast Track Court, Mandi, Distt. Mandi, H.P., in Criminal Appeal No. 2/2005 - 7/2005, titled as Subhash Chand vs. State of Himachal Pradesh, whereby appeal filed by the respondent -accused against judgment dated 24.1.2005/28.1.2005 passed by Judicial Magistrate 1st Class, Jogindernagar, Distt. Mandi, H.P., in Police Challan No. 289 -II/2000, titled as State vs. Subhash Chand, stands allowed and order of conviction and sentence set aside, 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 prosecutrix - complainant (PW -2) lodged F.I.R. No. 365 of 2000, dated 3.7.2000 (Ext. PW -1/A), at Police Station Sadar, Mandi, against the accused, under the provisions of Sections 354 and 506 of the Indian Penal Code to the effect that on 1.7.2000 at about 8.00 a.m., while she had gone to fetch water, accused caught her and tried to outrage her modesty. When she raised alarm, accused fled away threatening her not to report the incident to anyone, failing which he would kill her family. The matter could not be reported to the police same day, as her father was not at home. Police conducted investigation and with its completion, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined eight witnesses and statement of the accused under Section 313 Cr.P.C. was also recorded. In defence accused pleaded false implication claiming prior animosity. He also tendered in evidence copy of judgment (Ext. DX).