STATE OF HIMACHAL PRADESH Vs. JEET SINGH

JUDGEMENT

(1.) THE instant appeal is directed by the state against the impugned judgment, rendered on 20.2.2013, by the learned Sessions Judge, Sirmaur, District at Nahan, Himachal Pradesh, in Criminal Appeal No. 90 -Cr.A/10 of 2011 whereby, the learned Sessions Judge while reversing the judgment of conviction recorded against the accused/respondent by the learned Judicial Magistrate, 1st Class, Rajgarh, District Sirmuar, H.P., acquitted the accused for his having allegedly committed offences punishable under Sections 354 and 323 IPC.

(2.) THE brief facts of the case are that on 8.9.2009 the complainant alongwith his father Sunder Singh came to report the matter at police Station pachhad. She revealed that on 7.9.2009 she was studying in her room. At about 12.45 a.m., when she proceeded to the toilet, then someone caught hold of her from behind and pressed her breast and kissed her. When she turned back, the person was found to be Jeet Singh, who was wearing a ladies suit. On hers raising an alarm, her parents have attempted to evacuate her from the clutches of the accused by entering into the scuffle with the latter, who however successful in fleeing from the spot. In this incident her shirt was torn off and she also suffered injuries on her head and back. Prior to this incident the accused had thrice done such obscene acts with her. On the basis of her statement an FIR came to be registered and the investigation was taken up. On conclusion of the investigation, into the offence, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.

(3.) IN order to prove its case, the prosecution examined 9 witnesses. On closure of prosecution evidence, the statement of accused, under Section 313 of the Code of Criminal Procedure, was recorded, in, which he pleaded innocence and claimed false implication. He chose to lead evidence in defence.