STATE OF H.P. Vs. MUNISH BAKSHI

JUDGEMENT

(1.) THE present appeal arises out of judgment dated 10th May, 2000 passed by Judicial Magistrate, Ist Class (2), Dharamshala, District Kangra, H.P. in Case RBT No.42-II/99/98, titled as State of H.P. vs. Munish Bakshi, acquitting the accused of the charged offence.

(2.) AS per the case of the prosecution, on 24.6.1998 Namita Sharma, (PW-2), a student of District Institute of Education Training, Dharamshala alongwith her friend Minakshi (PW-6) was on her way from Kachehari Adda to the Institute when the accused obstructed her passage and wrongfully restrained her near the police ground. He also snatched her Dupatta and after pulling her arm by winking signaled her to accompany him. On showing some resistance, the accused threatened her Whether the reporters of Local Papers are allowed to see the Judgment? of dire consequences. In the meantime, one Dev Raj (PW-7) came at the spot and on seeing him the accused immediately ran away. The complainant narrated the story to PW-7 and also telephonically informed her father Gopal Krishan (PW-1). The matter was reported to police by PW-1 and to the college authorities by PW-2. Based on the complaint of PW-1, FIR No.155/98 dated 27.6.1998 (Ext.PW8/A) was registered with Police Station, Kangra at Dharamshala, H.P. The matter was investigated and the complaint made by PW-1 on 25.6.1998 Ext.PW-1/A and the complaint made by PW-2 to the Principal of the college Ext.PW-2/A were taken by the police. The matter was further investigated and with the completion of the inquiry the challan was filed in the Court for trial.

(3.) AFTER considering the material on record and more particularly depositions of the witnesses, the trial Court acquitted the accused for the reason that statements of the witnesses, particularly, that of PW-1 and PW-2 were contradictory to each other and another spot witness PW-6 had not supported the case of prosecution and was declared hostile.