STATE OF HIMACHAL PRADESH Vs. YASHWANT SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 29.12.2005, passed by learned Special Judge, Chamba Division, Chamba, H.P., in Sessions Case No. 34 of 2004, titled as State of Himachal Pradesh vs. Yashwant Singh, whereby respondent -accused stands acquitted, 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 on 11.8.2003, accused Yashwant Singh, with an intent of outraging the modesty of the prosecutrix (PW -1) criminally intimidated and assaulted her. This was so done at about 6.30 -7.00 p.m., in the house of Sh. Madan Singh (PW -2) who witnessed the incident alongwith Sh. Sarwan Singh (PW -3). Complainant lodged report with the police and as such F.I.R. No. 71/2003, dated 17.8.2003 (Ext. PW -11/A) was registered at Police Station Chowari, Distt. Chamba, under the provisions of Section 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the accused. Dy.S.P. Devakar Sharma (PW -13) conducted the investigation. Complainant was got medically examined from Dr. Parveen Sharma (PW -7) who issued MLC (Ext. PW -7/A) which was taken on record. From the spot, broken bangles (Ext. P -1) of the prosecutrix and diary of the accused (Ext. P -2) were recovered by the police. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined thirteen witnesses and statement of the accused under Section 313 Cr.P.C. was also recorded, in which he took plea of innocence and false implication. No evidence in defence was led by the accused.