STATE OF HIMACHAL PRADESH Vs. DHARMENDER SINGH

JUDGEMENT

(1.) By way of instant petition under Section 378 (3) CrPC, the State has sought leave of this Court to file appeal against judgment dated 30.11.2016 passed by the learned Special Judge, Hamirpur, Himachal Pradesh in Sessions Trial No. 04 of 2015, whereby respondentaccused (hereinafter, "accused"), who was charged with and tried for the commission of offence punishable under Sections 354, 323 and 504 IPC and, Section 3(1)(x)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, "Act"), has been acquitted of the aforesaid charges.

(2.) Briefly stated the facts as emerge from the record are that the complainant is wife of one Shri Kulwant Rai Sandhu, who is running "Sandhu Health Clinic" at Village Mair and accused is also running Dental Clinic in the shop adjoining to that of the husband of complainant. Both are tenants of one Shri Sansar Bandhu son of Shri Ram, resident of village and post office Mair, Tehsil and District Hamirpur. Complainant is a "Chamar" by caste, which is recognized as Scheduled Caste under the Constitution (Scheduled Caste) Order, 1950 and Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976. It is alleged that on 15.9.2013, at about 3 pm, accused came to the shop of the complainant and started abusing her, tore her clothes and made unwelcome and explicit overtures causing her sexual harassment and also caused simple hurt to the complainant. It is further alleged that accused intentionally insulted the complainant by abusing her with an intent to humiliate her in public place and in public view. Complainant filed complaint on the aforesaid allegations in the Police Station Hamirpur. FIR No. 257/2013 dated 16.9.2013 under Sections 354 and 504 IPC and Section 3(1)(x)(xi) of the Act was registered against accused at Police Station Sadar, District Hamirpur. Complainant was medically examined. Statement of complainant under Section 164 CrPC was recorded before Judicial Magistrate 1st Class, Court No. IV, Hamirpur on 26.9.2013. Spot map was prepared and statements of witnesses were recorded under Section 161 CrPC. Challan under Sections 354, 323 and 504 IPC and Section 3(1)(x)(xi) of the Act, was prepared against accused and case was committed by the Chief Judicial Magistrate, Hamirpur on 28.11.2014. Learned Special Judge, below, on finding a prima facie case against accused, charged him for the commission of offence punishable under Section 354A and 323 IPC and Section 3(1)(x)(xi) of the Act, to which accused pleaded not guilty and claimed trial.

(3.) Subsequently, the Special Judge below, vide judgment dated 30.11.2016, acquitted the accused of the aforesaid charges by concluding that the prosecution has not been able to prove the case beyond all reasonable doubt. In the aforesaid background, State preferred instant petition, seeking leave of this Court to file appeal against the judgment of acquittal passed by learned Special Judge.