STATE OF HIMACHAL PRADESH Vs. SUSHIL KUMAR

JUDGEMENT

(1.) In terms of impugned judgment dated 21.10.2005, passed by learned Additional Chief Judicial Magistrate, Court No.1, Shimla, H.P., in Case No.21/2 of 2005, respondent stands acquitted, in relation to offences punishable under Sections 323, 341 and 354 of the Indian Penal Code.

(2.) Prosecutrix (PW-4) lodged a complaint against the accused, on the basis of which FIR No.20/2005, dated 18.1.2005, was registered at Police Station (East), Shimla, H.P. Allegedly, accused voluntarily caused hurt, wrongfully confined and used criminal force with an intent of outraging the modesty of the complainant. This was on 17th January, 2005, at 1.30 P.M. in a public place i.e. near the bus shelter, opposite to the shop of Deepak Sood (PW.1). Investigation was conducted by ASI Atul Kumar (PW.3). Prosecutrix was got medically examined from Dr. Ramesh Chand (PW.2), who issued MLC (Ext.PW.2/A). 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 323, 341 and 354 of the Indian Penal Code, to which he did not plead guilty and claimed trial.