STATE OF H P Vs. SANJEEV KUMAR @ DEEPU

JUDGEMENT

(1.) By way of instant criminal appeal filed under Section 378 Cr.PC., challenge has been laid to the impugned judgment dated 29.4.2017, passed by the learned Judicial Magistrate, 1st Class, Dehra, District Kangra, H.P., in Case No. 106-II/2012, whereby respondent-accused came to be acquitted of charge framed against him punishable under Section 354 IPC.

(2.) Necessary facts as emerge from the record are that on 26.5.2012, complainant/prosecutrix got her statement recorded under Section 154 Cr.PC (Ext.PW6/A) stating therein that she cooks food at Government Primary School Bhatawa, whereas her husband works in a jeweler shop at Bhiwani, Haryana. Prosecutrix further alleged that on 23.5.2012, at about 9:30 pm, she was watching TV, while her children had gone to sleep after having meals and when she went out behind the house for urination, respondentaccused (Rajeev @ Deenu) suddenly came there and caught hold of her with bad intention. Prosecutrix pushed the accused and shouted for help, but nobody came at the spot. On 24.5.2012, complainant-prosecutrix made an application to the Pradhan, Gram Panchayat and Ward Panch. Complainant also averred in the complaint that she also informed her husband telephonically. On 25.5.2012, Pradhan Gram Panchayat and Ward Panch visited her house but they could not come to any conclusion. The complainant reported the matter to police on 26.5.2012, when her husband came back to home. On the basis of aforesaid complaint/report recorded under Section 154 of the Cr.PC, formal FIR Ext.PW7/B, came to be registered under Section 354 of the IPC, against the respondent-accused. After completion of investigation, police presented before the Court below.

(3.) Learned Judicial Magistrate, Ist Class, Dehra, District Kangra, H.P., after being satisfied that prima-facie case exists against the respondentaccused framed charge against the respondent accused under Section 354 IPC, to which the accused pleaded not guilty and claimed trial, however fact remains that he did no lead any evidence in support of his defence. Learned trial Court on the basis of evidence adduced on record by the prosecution, acquitted the respondent-accused of charge framed against him under Section 354 IPC. In the aforesaid background, appellant-State has approached this Court against the acquittal recorded by the court below, by way of instant proceedings, seeking therein conviction of the respondentaccused after setting aside judgment of conviction recorded by the court below.