- (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 4-9-91 passed by the learned Munsif and Judicial Magistrate, Degana in Criminal Case No. 120/85 by which the learned Magistrate acquitted the accused-respondent Prithvi Singh of the offences under Sections 354, 341 and 323, I.P.C.
(2.) This appeal arises in the following circumstances : (i) On 13-8-85 at about 10 p.m. P.W. 1 Smt. Ganga Devi lodged a written report Ex. P/1 in the Police Station, Degana stating that in the evening of 12-8-1985 at about 7.30 p.m. when she was returning from Gawai Well, after clearning face and hands, the accused-respondent Prithvi Singh was taking bath and thereafter he at once came before her and tried to molest her and he tore up his cloths including her Choli and told that either she should have sex with him, otherwise he would kill her. It is further stated in the report that upon this she made hue and cry and on hearing her cry, P.W. 4 Dhan Raj and P.W. 6 Nanuram came there and on seeking them, the accused respondent Prithvi Singh ran away from the place of occurrence. (ii) On this report, police registered a case and chalked out FIR Ex. P/2 and during investigation, medical examination of P.W. 1, Smt. Ganga Devi was got conducted by P.W. 5 Dr. Kailash Chand and her injury report is Ex. P/4 which shows that there was bruises and swelling on the right side of forehead of P.W. 1 Smt. Ganga Devi. Through Ex. P/5 'Choli', 'Odhna' and one Chappal which were left by the accused respondent Prithvi Singh while running away, were also seized by the Police on 14-8-85.
(3.) After usual investigation, challan was filed in the Court. The learned Magistrate read over the contents of offences under Sections 354, 341 and 323, I.P.C. on 30-10-85 to the accused-respondent Prithvi Singh who denied the charges and claimed trial.;