STATE OF H.P. Vs. GULAB SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement of the trial Magistrate, whereby respondent Gulab Singh, hereinafter referred to as accused, who was sent up for trial for the offences, under Sections 354, 323 and 506 of the Indian Penal Code, has been acquitted.

(2.) IN the report under Section 173 of the Code of Criminal Procedure, which was filed against the accused, it was alleged that on 24.12.1994 around 8.15 a.m. when the prosecutrix was standing by the side of the road and waiting for a bus, accused accompanied by his brother Madan Singh appeared from the bushes and caught hold of her by her arms and then pressed her breasts and when she raised alarm, her Chacha Fateh Singh, who was waiting for the bus at another bus-stop nearby, which was not visible from the spot, came there and on seeing him the accused ran away. The incident is stated to have been seen by two other persons, namely Sheela Devi and Babu Ram. The trial Magistrate charged the accused with the aforesaid offences and on his pleading not guilty, tried him and ultimately acquitted him of the charge.

(3.) I have heard the learned Additional Advocate General as also the counsel for the respondent.