STATE OF RAJASTHAN Vs. VISHNU

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant-State laying a challenge to the judgment of acquittal dtd. 9/6/1993 passed by the learned District and Session Judge, District Jodhpur, in Sessions Case No.30/1993 (State of Rajasthan Vs. Vishnu @ Wisanu & Anr.), whereby the accused-respondents were acquitted of the charge under Sec. 302 of Indian Penal Code, 1860 (in short, "IPC").

(2.) The matter pertains to an incident which had occurred in the year 1992 and the present appeal has been pending since the year 1993.

(3.) Brief facts of the case, as placed before this Court by learned Public Prosecutor appearing on behalf of the appellant-State, are that the complainant and the accused parties were the residents of a small basti near Chandpol, Jodhpur. On 3/11/1992, late at night Santosh (now deceased) entered the house of accused-respondent and attempted to outrage the modesty of Gomti (wife of accused-respondent Vishnu), and upon she made hue and cry, Santosh (now deceased) ran away from the spot.