Crl.Rev No.899 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev No.899 of 2010 (O&M) Date of Decision: 23.08.2011 Santro ...Petitioner Vs. State of Haryana & Anr. ...Respondents BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Rajkpoor Malik, Advocate, for the petitioner. Mr.Amait Rana, DAG, Haryana. --- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest. --- A.N.Jindal, J. This petition has arisen out of the judgment of acquittal dated 3.12.2009 passed by learned Additional Sessions Judge, Kaithal. The learned trial court had convicted the accused (herein referred as respondent No.2), whereas the appellate court acquitted Crl.Rev No.899 of 2010 2 him under sections 354/453 of the Indian Penal Code. The allegations, in nutshell, are that the accused during the night at 1 AM entered the house of the petitioner when all the members of her family were sleeping. He touched her hands. Consequently, she woke up. The accused had a scuffle with her. When the prosecutrix followed him in order to catch him, he ran away. There is unexplained delay in registration of the case as the occurrence took place on 21.08.2007, whereas FIR was lodged on 24.8.2007. Even the prosecutrix Smt.Santro Devi (PW 3) and Rajinder Singh (PW 4), are contradictory in their statements. Rajinder Singh has stated that he had moved an application on the next day, whereas Santro Devi (PW 3) has stated in her cross-examination that he had filed application in the police station on the same day at 12 noon, which was thumb marked by her. Moreover, Rajinder Singh is also not sure if his statement under section 161 I.PC was recorded by the police. That apart, from the facts as alleged by the prosecutrix, no offence under section 354 IPC is made out. It is also not proved beyond doubt that the accused entered the house of the prosecutrix in order to commit an offence. No grounds to interfere. Dismissed. (A.N.Jindal) 23.08.2011 Judge rp