STATE OF HIMACHAL PRADESH Vs. KAMAL KISHORE @ BILLA

JUDGEMENT

(1.) THE State of Himachal Pradesh (hereafter referred to as 'the appellant') has filed the present appeal, being aggrieved by the impugned judgment passed by the learned Judicial Magistrate 1st Class, Nurpur, District Kangra, dated 8.1.1998, whereby accused Kamal Kishore @ Billa (hereinafter referred to as 'the respondent') has been acquitted of an offence under Section 354 of the Indian Penal Code.

(2.) BRIEFLY stated, the prosecution case is that on 30.4.1994, complainant Veena Kumari lodged a report in Police Station, Nurpur, alleging that on 23.4.1994 in the evening at 6 p.m. she was allegedly sitting in the shop of her husband at Raja Ka Talab. At the relevant point of time her husband, who was RMP doctor, was away from the shop in order to see a patient. In the meantime, the respondent, who was a resident of Raja Ka Talab, passed by and started making gestures to the complainant from outside the shop in order to call her. However, the complainant did not respond. It is further alleged that after some time the respondent allegedly entered the shop and caught hold of her with an intention of taking her inside. The complainant has further alleged that the respondent had also pressed her breasts and when she raised hue and cry, Piare Lal and Narinder Kumar came on the spot. On seeing these two persons, the respondent ran away from the spot. It is a case of the complainant that had Piare Lal and Narinder Kumar not come there, the respondent would have definitely outraged her modesty. On the basis of a complainant, FIR No. 88 of 1994 was registered at Police Station, Nurpur and the police commenced the investigation in the matter. After the completion of necessary formalities, the challan was presented in the Court on 5.7.1994. Charge was framed under Section 354 of the Indian Penal Code against the respondent, who pleaded not guilty and claimed to be tried.

(3.) I have heard Mr. Som Dutt Vasudeva, learned Additional Advocate General for the appellant State and Mr. K.D. Sood, learned Counsel for the respondent and have also minutely scrutinized the material on record.