MENA DEVI Vs. MULA RAM

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred claiming the following reliefs:

(2.) Brief facts of the case as placed before this Court by learned counsel for the revisionist-petitioner are that on 3/7/1999, at about 07:15 p.m., the complainant-petitioner Mena Devi lodged a written report at Police Station Sandwa with the allegation that on 2/7/1999 at 06:30 p.m. while her husband was not at home, Moola Ram, Respondent no. 1, molested her and attempted to sexually assault her. That upon lodging of said report, the S.H.O. Police Station Sandwa registered an F.I.R. and filed the chargesheet under Ss. 454 and 354 I.P.C. against Moola Ram. Subsequently, charges were framed against him by the learned Civil Judge (Junior Division) cum Judicial Magistrate (First Class), Sri. Dungargarh, and after trial, vide judgment dtd. 18/10/2000, the Court found Moola Ram guilty, thereby convicted him for the offences under Ss. 454 and 354 I.P.C. and awarded him a sentence of 3 years R.I. along with a fine of Rs.2,000.00 in default of payment of which he was to further undergo a sentence of 6 months, and 2 years R.I. along with a fine of Rs.500.00 in default of payment of which he was to further undergo an imprisonment of 1 month, respectively. Both sentences were to run concurrently. However, on an appeal filed by Moola Ram, the learned Additional District and Sessions Judge (Fast Track) Ratangarh District Churu, vide the impugned judgment dtd. 25/9/2002, acquitted him of the aforementioned charges and set aside the conviction.

(3.) Learned counsel for the revisionist-petitioner submits that the learned Trial Court rightly passed the judgment dtd. 18/10/2000 after taking into due consideration the overall facts and circumstances of the case and appreciating the evidences placed on the record before it, and that the learned Appellate Court has grossly erred in overturning the conviction of Moola Ram.