STATE BY SATHNUR POLICE Vs. RAJU S/O SIDDEGOWDA & ORS.

JUDGEMENT

(1.) This appeal is by the State challenging the judgment dated 28.02.2004 passed by the FTC-3, Bangalore Rural District in S.C. No.254/2000 acquitting the accused-respondents of the offences under Sections 143, 316, 323, 354 & 504 read with Sec. 149 of Indian Penal Code.

(2.) It is the case of the prosecution that on 08.09.2000 at about 7.30 p.m., at Arakatti Doddi village, the accused formed themselves into unlawful assembly and thereafter they have caused assault on PWs. 1 and 4 with an intention to outrage their modesty, thereby they are alleged to have committed an offence under Sec. 354 read with 149 of Indian Penal Code. It is further alleged that at the said place, date and time, the accused have assaulted PW-1 by holding her tuft, thereby they are alleged to have committed an offence under Sec. 323 read with 149 of Indian Penal Code. It is further alleged that on the said place, date and time, accused No. 1 has assaulted and kicked PW-4 who was pregnant for 8 months, as a result of which, the child in the womb had died and thereby they are alleged to have committed an offence under Sec. 316 read with 149 of Indian Penal Code. It is also further alleged that on the said place, date and time, accused have used filthy language against the complainant PW-2, thereby, they are alleged to have committed the offence under Sec. 504 read with 149 of Indian Penal Code.

(3.) The prosecution in order to prove the case has examined in all 10 witnesses and got marked Exs.P 1 to P7. The defence of the accused was one of total denial. However, after hearing the prosecution and the defence, the learned Sessions Judge was pleased to acquit the accused of all the offences charged against them. Hence, the State has filed this appeal.