STATE OF H.P. Vs. SAROOP KUMAR

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 29/5/2013, passed by learned Judicial Magistrate 2nd Class, Dharamshala, District Kangra, H.P. (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Ss. 451 and 354 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/victim (name withheld to protect her identity) was present in her home on 15/7/2010 with her children. The accused entered her house at about 12 noon and molested her. She protested and accused gave her beatings. She shouted for help, and she was rescued by the passersby. She filed a complaint (Ext.PW1/A) before the police, and the police registered the FIR (Ext.PW4/A). Rajinder Kumar (PW9) investigated the matter. He visited the spot and prepared the site plan (Ext.PW9/A). The victim produced a shirt (Ext.P1) worn by her at the time of the incident, which was seized vide memo (Ext.PW1/B). The shirt was put in a cloth parcel, and the parcel was sealed with four impressions of seal 'P'. Specimen seal impression (Ext.PW9/B) was taken on a separate piece of cloth, and the seal was handed over to Vinod Kumar after use. The statements of witnesses were recorded as per their version. The challan was prepared and presented before the learned Trial Court after the completion of the investigation.

(3.) The learned Trial Court charged the accused with the commission of offences punishable under Ss. 451 and 354 of the IPC, to which he pleaded not guilty and claimed to be tried.