Sanjay Karol, J. - (1.)ASSAILING the judgment dated 16.2.2006, passed by learned Judicial Magistrate, 1st Class, Court No. III, Hamirpur, H.P., in Police Challan No. 20 -I of 2000 (RBT No. 13 -II -05), titled as State of H.P. vs. Subhash Chand, whereby respondent -accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973. 2. On the basis of complaint (Ext. PW -1/A), F.I.R. No. 44/2000 (Ext. PW -6/A), dated 1.4.2000 was registered at Police Station Bhoranj, Distt. Hamirpur, H.P. against the accused under the provisions of Sections 354 and 506 of the Indian Penal Code. According to the prosecutrix (PW -1), on 29.3.2000 at about 2.00 p.m. while she was taking water from the tap near her house, accused called her to the fields. When she went there, accused tied her hands, pressed her chest and gagged her mouth. In effect accused tried to outrage her modesty. Prosecutrix rescued herself from the clutches of accused by giving a tooth bite on his thumb. Accused threatened her not to disclose the incident to anyone least she be defamed. On way back home she met Smt. Narendra Kumari (PW -3) (her sister -in -law -bhabhi) to whom she narrated the entire incident. Police conducted investigation and with its completion, challan was presented in the Court for trial.
(2.)NOTICE of accusation was put to the accused for having committed offences punishable under the provisions of Sections 354 and 506 of the Indian Penal Code, to which he did not plead guilty and claimed trial.
In order to prove its case, in all, prosecution examined eight witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he pleaded false implication. No defence evidence was led by the accused.

(3.)THE Court below acquitted the accused for the reason that prosecution could not prove its case. Hence the present appeal.