STATE OF H.P. Vs. SURJIT SINGH

JUDGEMENT

(1.) THIS appeal by the State seeks to challenge the judgment and order of acquittal passed by learned Special Judge, Kangra at Dharamshala, whereby and where under the Special Judge acquitted the respondent, who was charged under Sections 354, 366, 511 IPC and Section 3(i) & (xi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) BRIEFLY stated the prosecution story is that the victim belongs to the Scheduled Caste community and was returning home in bus when she was teased by the respondent. Even when the prosecutrix had alighted from the bus and was proceeding towards her house, the respondent, who belongs to the same village, again started teasing her. In the meanwhile a van appeared there and the accused attempted to push the prosecutrix into the van, upon which she raised hue and cry. On hearing her cries two ladies came there, who rescued the prosecutrix from the clutches of the accused. On reaching home, she narrated the incident to her mother and brother. The accused was called to the house of the prosecutrix and is stated to have confessed his guilt and sought pardon. However, later on some supporters of the accused armed with sticks reached to spot and threatened to do away the life of the prosecutrix and her family. On such allegations FIR Ex. PW -8/A was got registered by Smt. Satya Devi, mother of the prosecutrix.

(3.) THE prosecution in order to prove its case examined eleven witnesses and after closure of the prosecution evidence, statement of the accused/respondent was recorded under Section 313 Cr.P.C. on 11.6.2010, whereby he denied all circumstances appearing against him and pleaded innocence. However, the accused also examined one witnesses and tendered copy of judgment Ex. DX in his defence. The learned Special Judge acquitted the respondent, against which the State has filed the instant appeal.