Sunil Kumar Garg, J. - (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 16.12.88 passed by the learned Munsif and Judicial Magistrate, 1st Class Bhinmal, in Criminal Original Case No. 75/87 by which the learned Magistrate acquitted the accused respondent Jawar Singh of the offence under Section 354 and 457 I.P.C.
(2.) This appeal arises in the following circumstances : (i) on 25.1.87 at about 10 a.m. P. W 1 Chela Ram gave an oral report to P.W.4 Jeevan Ram, SHO Police Station, Bhinmal, Dist.Jalore stating that on 23.1.87 in the night, he was giving water to the crops in the field of P.W.3 Varad Singh and in his Dhani at about Mid Night he herd cries of a lady and hearing cry, he reached there and P.W.3 Varad Singh also followed him. At that time, he was told by his wife P.W.5 Badri (prosecutrix) that he accused respondent Jawar Singh entered forcibly in her-house and climbed over her cot and on being asked, he told his name to be Jawar Singh and he tried to outrage her modesty. On hearing her cry, P.W.6 Navanga, her mother-in-law came there, at that time he ran away from the scene. Thereafter P.W. 1 Chela Ram and P.W.3 Varad Singh went to the house of the accused respondent Jawar Singh and he was told about his misdeeds, but he did not pay any heed and thereafter this report was lodged by P.W.1 Chela Ram on 25.1.87. This report was entered first in the Rojnamcha and the same is marked as Ex.P/3 and thereafter regular FIR Ex. P/1 was chalked out by P.W.4 Jeevan Ram and the investigation was started. (ii) During investigation through Ex.P/7 the accused respondent Jawar Singh was arrested on 29.1.87. (iii) After usual investigation challan was submitted in the lower Court against the accused respondent Jawar Singh for offences under Sections 457 and 354 I.P.C.
(3.) The Charges under Sections 457 and 354 I.P.C. was framed against the accused respondent Jawar Singh by learned Magistrate on 9.3.87 who denied the charges and claimed trial.;