STATE OF H.P. Vs. RAMPAL

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 13.2.2002, passed by the learned Chief Judicial Magistrate, Una, whereby respondent Ram Pal, who was tried for offences punishable, under Sections 354 and 323 IPC, has been acquitted.

(2.) CASE of the prosecution, which led to the trial of the respondent, may be summed up thus. On 11.1.2000, PW2, a married woman, aged about 40 years, hereinafter referred to as ˜prosecutrix went to collect fuel wood in the vicinity of village Behdada, where she resides. She took with her a daughter named Sabnam, aged about five years. Around 5.00 p.m. when she was preparing a bundle of the collected wood, respondent appeared and caught hold of her from behind and started groping her breasts. Prosecutrix put up resistance and also cried for help. Her daughter Sabnam also started crying. Respondent got scared and fled from the scene. Prosecutrix went back home and informed her father -in -law about the incident. Her husband returned home late in the night around 10 or 11. He too was apprised of the incident. Next day, the prosecutrix went to the police station to lodge the report. Police registered the case and got the prosecutrix medically examined. Three superficial injuries were noticed on her thigh and knee. Respondent had allegedly torn her shirt and broken the string of her salwar while assaulting her. Those clothes were handed over to the police, during the course of investigation.

(3.) TRIAL Court has disbelieved the prosecutrix version. Reasons given by the trial Court are; (a) Delay of 17 to 18 hours in lodging the report. (b) daughter of prosecutrix, who was an eye witness had not been examined. (c) possibility of the respondent having been falsely implicated, owing to objection by the respondent to the collection of fuel wood of the trees, standing on the land of DW Rakesh Dutt, which had been put under the guard of the respondent, cannot be ruled out.