- (1.) Appeal No.647 of 2012 has been filed by the accused Raghuvir Sharma against the judgment dated 25.7.2012 of Additional Sessions Judge (Fast Track) Tonk in Sessions Case No. 10/2011 (06/2011) by which the accused appellant was convicted for the offence under Section 353 and 333 IPC and was sentenced for section 333 IPC for three years simple imprisonment along with fine of Rs. 500 and in default of payment of fine to further undergo simple imprisonment for one month and for section 353 IPC six months simple imprisonment and fine of Rs. 300/- and in default of payment of fine to undergo further simple imprisonment of 15 days. Appeal No.818/2012 has been filed by the complainant for the acquittal of Smt. Mamta Sharma for the offence under sections 353 and 333/34 IPC. As both these appeals relate to same sessions case and against the same judgment, hence they are being disposed by this common order.
(2.) I may first take up the appeal filed by the appellant Dinesh Kumar, against the order of acquittal, acquitting Mamta Sharma for the offence under sections 353 and 333/34 IPC by the judgment dated 25.7.2012.
(3.) Brief facts of the case are that on 27.10.2010 an FIR was lodged by complainant Dinesh Kumar before Police Station Ghaad District Tonk regarding the incident whereby the police lodged an FIR bearing No. 137/2010 for offence under section sections 353 and 332 IPC. The police after investigation filed charge sheet against the accused persons namely Raghuveer Sharma and Mamta Sharma for the offence under sections 353, 333/34 IPC. The court below framed charges against the accused persons for offence under sections 353, 333, 333/34 IPC and accused persons denied the charges and prayed for trial. The prosecution examined as many as 14 witnesses and exhibited 15 documents before the trial court. Statements of the accused under section 313 Cr.P.C. was recorded and they produced in defence as many as 3 witnesses and exhibited 12 documents. The trial court after concluding the trial acquitted the accused Mamta Sharma and convicted the accused Raghuveer Sharma for offence under sections 353 and 333 IPC vide judgment dated 25.7.2012 as mentioned above.;