STATE OF HIMACHAL PRADESH Vs. MOHINDER SINGH

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment passed by the Court of learned Sub Divisional Judicial Magistrate, Rampur Bushehar, District Shimla in Criminal Case No. 195-2 of 2005 dated 1.9.2008 vide which learned trial court has acquitted the present respondent for commission of offences punishable under Sections 354, 504 and 506 of Indian Penal Code.

(2.) The case of the prosecution, in brief, was that on 5.8.2005 at around 10:30 a.m. prosecutrix was present in her house at a place known as Kandaaran where accused appeared and caught hold of the prosecutrix in an Whether reporters of the local papers may be allowed to see the judgment indecent manner and thus outraged the modesty of the prosecutrix. He also criminally intimidated the prosecutrix with dire consequences. On the basis of statement of the prosecutrix so recorded under Section 154 of Cr.P.C., FIR Ext. PW4/A was registered at Police Station Rampur. During the course of investigation site plan was prepared, statements of witnesses were recorded as per their versions.

(3.) After the completion of investigation, challan was filed in the Court and as a prima facie case was found against the accused, accordingly he was charged for commission of offences punishable under Sections 354, 504 and 506 of IPC, to which he pleaded not guilty and claimed trial.