STATE OF HIMACHAL PRADESH Vs. DHANI RAM

JUDGEMENT

(1.) The present criminal appeal, under Sec. 378 of the Code of Criminal Procedure has been maintained by the appellant-State, against the judgment of acquittal, dated 25.09.2008, passed by the learned Sub Divisional Judicial Magistrate Chachiot at Gohar, District Mandi, H.P., in Police challan No. 70-1/2007.

(2.) The key facts, giving rise to the present appeal as per the prosecution story are that on 15.01.2007, complainant along with her husband came to the Police post Balichowki and reported that on 14.01.2007, the complainant along with her husband, Hem Raj, children and her sister-in-law, Bhuvneshwari went to the house of their relative Nika Ram at Nauna as guests and after having food, two separate double beds were given to them for sleeping and the complainant along with her three daughters, sister-in-law and grand-daughter of Nika Ram slept on one double bed, whereas on the another double bed accused Dhani Ram and one other person, who runs a clinic in Nauna were slept. At about 1.00 a.m., when the complainant was in deep sleep, accused came towards her bed and after putting his hands inside her blanket started touching her private parts, on this, she woke up and asked him not to do so, but despite that accused also put his hands into her salwar, thereafter she raised noise and on her noise, her husband, sister-in-law and children woke up. Further the case of the prosecution is that the accused insulted the complainant by his act and due to shame, the complainant could not report the matter earlier. On the basis of complainant's statement, FIR was registered against the accused.

(3.) Prosecution, in order to prove its case, examined as many as 6 witnesses. Statement of the accused was recorded under Sec. 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 25.09.2008, acquitted the accused.