STATE OF HIMACHAL PRADESH Vs. RAM DASS

JUDGEMENT

(1.) The above appeal has been filed by the State under S. 378 of the Code of Criminal Procedure against the judgment dated 30-12-1994 passed by the learned Chief Judicial Magistrate, Bilaspur in Case No. 131-1 of 1993, whereunder the Court below chose to acquit the respondent of the charge under S. 354 of the Indian Penal Code.

(2.) The case of the prosecution before the Court below was that at about 12 noon on 19-10-1993 when Smt. Gita Devi wife of Sukh Ram was cutting grass in her Ghasni at village Baghi, accused Ram Dass came on the spot, caught hold of her from her arms and threw her sickle on one side and gagged her mouth with one hand and with the other hand, he caught her breast with an intention to outrage her modesty. On such action, the victim was said to have raised an alarm and on hearing her cries, M/S Shyam Lal and Nand Lal, who were just passing nearby came to the spot and on seeing them coming, Ram Dass also ran away from the spot. The victim who was said to be by then weeping, narrated the entire story as to what happened and but for the timely appearance of those two persons, the accused Ram Dass would have further outraged her modesty. On the basis of the complaint given and statement of the victim recorded under S. 154 of the Code of Criminal Procedure, a case has been registered under S. 354 of the Indian Penal Code against the accused at the Police Station, Sadar, Bilaspur. During the course of investigation, the Investigating Officer was said to have taken possession of some broken bangles stated to have been worn by the victim at the time when accused Ram Dass caught her from her arms and on account of which some of her bangles were broken in the process of her attempt to rescue herself. The broken pieces of bangles were said to have been taken into possession by a recovery memo in the presence of M/S Shyam Lal and Dila Ram. A spot map was also said to have been prepared and after complying with all the formalities, the accused was sent to face trial for the commission of the offence punishable under S. 354 of the Indian Penal Code.

(3.) On the appearance of the accused before the Court, he was said to have been supplied with all the relevant papers and documents as required under S. 207, Cr. P.C. Since a prima facie case was found to have been made out for the commission of the offence in question against the accused, the accused was put on notice of accusation for the commission of the said offence and since the accused pleaded not guilty, the case was set for trial.