STATE OF JAMMU AND KASHMIR Vs. BANARSI LAL

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment dated 1. 6/9/2009 passed by the learned Principal Sessions Judge, Kathua in case File no. 12/Appeal (hereinafter referred to as the 'Appellate Court') whereby the conviction and sentence recorded by the learned Judicial Magistrate First Class, Kathua (hereinafter referred to as the 'trial Court') against the respondent, has been set aside.

(2.) Briefly stated the facts are that on 25/5/2005, the complainant Kamlesh Devi lodged a written report in the Police Station, Kathua stating therein that on 21/5/2008 at about 9.30 PM, she came out of her house to urinate. The respondent was already sitting there and he caught hold of her breast nipples and tried to outrage her modesty. She raised an alarm and brother of her husband namely Raj Kumar and his wife Kamli came on the spot and on seeing them, the respondent ran away. On the said report, FIR No. 122/2005 for the commission of offence punishable under Sec. 354 RPC came to be registered and after investigation, the final report was submitted in the Court of learned CJM, Kathua, who transferred the same to the Court of learned trial Court for disposal under law. The respondent was charged for the commission of offence punishable under Sec. 354 RPC to which he pleaded not guilty and claimed to be tried.

(3.) The trial court, after appreciating the evidence, came to the conclusion that the charge has been framed against the respondent/accused beyond doubt and, accordingly, convicted him for having committed offence punishable under Sec. 354 RPC and sentenced him to undergo simple imprisonment for a period of two years and to pay a fine of Rs.500.00. The said order of conviction and sentence was challenged before the Appellate Court and the said Court, after appreciating the evidence, found that the prosecution has failed to prove the charge against the accused and, accordingly, set aside the conviction and sentenced recorded by the trial Court and acquitted the respondent/accused.