STATE OF HIMACHAL PRADESH Vs. RAMESH KUMAR

JUDGEMENT

(1.) The present criminal appeal, under Section 378 of the Code of Criminal Procedure has been maintained by the State of Himachal Pradesh, against the judgment of acquittal, dated 17.09.2008, passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Sundernagar, District Mandi, H.P., in Police challan No. 522- 1/2004.

(2.) The key facts, giving rise to the present appeal as per the prosecution story are that on 21.07.2004, at about 00 p.m., at village Bari, when complainant was returning to home after answering the call of nature from the nearby fields, suddenly, Ramesh Kumar/accused (hereinafter to be called as "the accused"), appeared from behind the bushes and caught hold the complainant from shoulders and gagged her mouth to prevent her from raising alarm and physically assaulted the complainant, with intention to outrage her modesty and caused injuries to her. Somehow, the complainant managed to rescue and on raising alarm, Narain Singh and Umawati came to the spot and on seeing them, the accused fled away from the spot. Thereafter, the complainant, at about 4.00 p.m., reported the matter to the Police Station, Sundernagar, on the basis of which, FIR No. 231/04, dated 21.07.2004, under Sections 354 and 323 of IPC, was registered against the accused. The complainant was sent to medical examination at Civil Hospital, Sundernagar, where she was medically examined by Dr. R.K. Gupta and he opined that the injuries sustained by the complainant are simple and issued MLC. During the course of investigation, I.O. prepared the spot map, he also recorded the statements of the witnesses under Section 161 Cr.P.C. and after completion of investigation challan was presented in the Court.

(3.) Prosecution, in order to prove its case, examined as many as 7 witnesses. Statement of the accused was recorded under Section 313 Cr.P.C, wherein he denied the prosecution case and claimed innocence. Accused did not lead any defence evidence. The learned trial Court, vide impugned judgment dated 17.09.2008, acquitted the accused for the commission of offences punishable under Sections 354 and 323 IPC, hence the present appeal.