STATE OF H.P. Vs. ANANT RAM NEGI

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 8/7/2013, passed by learned Judicial Magistrate First Class, Theog, District Shimla (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Ss. 451, 354 and 323 of the Indian Penal Code (IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Ss. 451, 354 and 323 of the IPC. It was asserted that the informant (name withheld to protect her identity) had visited her home on 22/8/2009 at about 6:00 P.M. Accused Anant Ram came to her home with 4-5 persons and gave beatings to the informant (PW2) and her son (PW4). The accused threw the informant's articles outside the home. When the informant took the articles inside the home, the acc sed and two other persons threw her from the verandah f the h use. The accused Anant Ram tore her Salwar and molested her. The other persons gave beatings to the informant's son, who rescued himself and saved the informant. The accused had also threatened the informant before this nc dent. She sustained injuries in the incident. She filed an application (Ext.PW2/A) before the police. The police registered the FIR (Ext.PW1/A) and applied for the informant's medical examination. Dr Seema Rani (PW7) medically examined the informant and found that she had sustained simple injuries that could have been inflicted by a blunt weapon. She issued the MLC (Ext.PW7/A). Dr Preeti Kapila (PW8) went through the informant's X-rays and found no evidence of fracture. ASI Prakash Chand (PW9) investigated the matter. He visited the spot and prepared the site plan (Ext.PW9/A). The informant produced her shirt (Ext.P4) and salwar (Ext.P3). ASI rakash Chand put them in a cloth parcel, sealed the parcel with seal 'M', obtained the seal impression (Ext.P2) on a separate piece of cloth, and handed over the seal to Shamsher after use. He seized the parcel vide memo (Ext.PW2/B). The statements of witnesses were recorded as per their ve sion, and after the completion of the investigation, the challan was prepared and presented before the learned Trial Court.

(3.) The learned Trial Court found sufficient reasons to summon t e accused. When the accused appeared, a notice of accusation was put to him for the commission of offences pun shable under Ss. 451, 354 and 323 of the IPC, to which he pleaded not guilty and claimed to be tried.