STATE OF HIMACHAL PRADESH Vs. RAMAN KUMAR

JUDGEMENT

(1.) Cr.M.P No.264 of 2017

(2.) Instant leave to appeal is directed against the impugned judgment dated 6.9.2016, passed by learned Special Judge, Sirmaur, District Nahan, H.P., in Sessions Trial No.18-ST/7 of 2015, whereby respondent (hereinafter referred to as the accused) has been acquitted of notice of accusation put to him under Sections 354, 354-D, 342 and 506 of Indian Penal Code (hereinafter referred to as IPC) read with Section 12 of POCSO Act.

(3.) Briefly stated facts as emerge from the record are that prosecutrix, who at that relevant time was pursing her Bachelor of Arts degree course in 1st year at Government P.G. College, Nahan, made a complaint to the police stating therein that on 12.3.2015, at about 1:00/1:30 PM, when she alongwith her friend namely Upasana was sitting in the class room of her college, accused barged into class room and caught hold of her by her hand and pushed her down. Prosecutrix further complained that thereafter accused bolted the door of the room from inside and when prosecutrix tried to go out of the room, she was pushed aside by the accused, who also smashed the door pane. However, friend of the prosecutrix namely Upasana went out from the room and reported the matter to Sh. Ravi Kant, an Assistant Professor in the college, who subsequently came into the room and questioned the accused about his conduct, but since accused was not relenting, he called his other colleagues and thereafter the matter was reported to the police. Prosecutrix further reported that having arrived at home, she narrated the whole incident to her father. On the next day, the prosecutrix accompanied by her father went to Police Station, Nahan and reported the matter vide written complaint, on the basis of which formal FIR came to be registered against the accused under Sections 354, 354-D, 342 and 506. Statement of prosecutrix was also recorded under Section 164 Cr.P.C by the Judicial Magistrate. After completion of the investigation, police presented the challan in the competent Court of law.