STATE OF H P Vs. SHAMSHER SINGH

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the impugned judgment rendered on 1.8.2008, by the learned Chief Judicial Magistrate, District Kinnaur at Reckong Peo, H.P. in Criminal Case No. 108-2 of 04, whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences punishable under Sections 354, 323 and 506 IPC.

(2.) Facts in brief are that on 8.11.2004 at about 10.30 a.m. while Smt. Kamla Devi was sitting on the bench outside the shop, accused came to the spot and inquired from the complainant as to why she was laughing and caught Smt. Kamla Devi from the breast, torn her shirt, slapped her, when Smt. Kamla Devi raised alarm, her husband came to the spot and saved her. The matter was reported to the police. The police took into possession the torn shirt and after collecting evidence during the investigation challenged the accused for offences punishable under Section 354, 323 and 506 IPC.

(3.) Notice of accusation stood put by the learned trial Court to the accused for his committing offences punishable under Sections 354, 323 and 506 IPC to which he pleaded not guilty and claimed trial.