STATE OF H.P. Vs. PARKASH CHAND

JUDGEMENT

(1.) THE respondents were accused in Case No.157/2 of 1998 and they were prosecuted under Sections 452, 354, 504 and 506 read with section 34 of the I.P.C. in the court of Judicial Magistrate Ist Class, Bilaspur and were acquitted on 10.8.2000. The State has filed the present appeal against the acquittal of the respondents.

(2.) THE brief facts as projected in the judgment of the trial court are that complainant Smt.Fullan Devi resident of village Beri Rajadian and her husband is working as fitter in B.B.M.B. Slapper. On 28.5.1998 when she was coming back to her house, the son of Lala Ram told her that accused persons were giving beatings to her daughters. When she reached her house she saw her two daughters Meera and Sunita were weeping and running. She was told by her daughter Sunita that during the day time at about 5.30 p.m. when she was cleaning the utensils in their courtyard the accused Parkash Chand entered into the kitchen and other accused 1 Whether reporter of local papers is allowed to see the judgment? No. Rajesh had bolted the door of the kitchen from the outside. Accused Parkash Chand caught hold of Sunita and other daughter of the complainant and started using criminal force with intention to outrage her modesty. Then Sunita and her sister Meera raised an alarm then accused Rajesh opened the bolt of the door and both accused ran away from the house. The matter was reported to the Police by Nand Lal telephonically and FIR Ex.PW10/A was registered against the accused persons.

(3.) MR .M.A.Khan, learned Deputy Advocate General had strenuously argued that the prosecution has proved the charge against the accused. He then contended that the trial court has not correctly appreciated the evidence led by the prosecution which has led to grave miscarriage of justice. Mr.T.S.Chuahan, learned counsel appearing for the respondents had supported the judgment of the trial court dated 10.8.2000.