- (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 25-4-1988 passed by the learned Judicial Magistrate, 1st Class, Churu by which the learned Judicial Magistrate acquitted the accused-respondent for offence under S. 457, I.P.C.
(2.) This appeal arises in the following circumstances : i) On 14-1-1985 at 1.15 a.m. P.W. 3 Charandas lodged an oral report with the police station, Churu stating that in the night of 13-14-1-1985, he was sleeping in his house situated in Ward No. 8 Churu and his son Dharam Pal, P.W. 2 and his wife P.W. 4 Shakuntala were also sleeping in their Kotha. At about 12.30, the accused-respondent after jumping the wall entered the room in which P.W. 2 Dharampal was sleeping along with his wife P.W. 4 Shakuntala and seeing him P.W. 2 Dharampal and P.W. 4 Shakuntala made hue and cry and hearing their cries, he came to that room and P.W. 5 Unkar Mal and P.W. 1 Kewal Ram also came there and accused-respondent was caught hold by them and thereafter he was also produced in the Police Station.
(3.) On this report, police chalked out regular FIR Ex. P/1 and started investigation and during investigation, the accused-respondent was got medically examined by D.W. 1 Dr. B. L. Soni and his injury report is Ex. D/5 which shows that he received 13 injuries on his person.;