[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT S.B. CRIMINAL LEAVE TO APPEAL NO. 4/2008 STATE OF RAJASTHAN Vs. HUKUMCHAND Date: 15.07.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. B.S. Chhaba, Public Prosecutor for the State. Mr. Sanjay Tyagi for the accused-respondent. **** Heard learned Public Prosecutor appearing for the State as well as learned counsel for the accused-respondent. Brief facts of the case are that on 29.09.2003 at about 04.30 p.m., accused-Hukum Chand Jain forcibly entered in the house of the complainant Smt. Shashi Jain and started beating. He assaulted her and outraged her modesty, upon which a report was lodged by the complainant. On the basis of the above report, FIR No. 296/2003 was registered against the accused-respondent at Police Station Gandhi Nagar, Jaipur for the offences under Sections 452, 354 and 323 IPC and investigation commenced. The trial Court taken cognizance against the accused-respondent for the offence under Sections 323 and 354 IPC. Thereafter charges for the aforesaid offences were framed against the accused-respondent, who denied the charges and claimed trial. [2] The Additional Chief Judicial Magistrate No.2, Jaipur City, Jaipur after hearing rival submissions of the respective parties, vide impugned judgment dated 27.09.2006, convicted the accused-respondent under Sections 323 and 354 IPC and sentenced to undergo simple imprisonment for six months and a fine of Rs. 1000/-, in default of payment of fine to further undergo simple imprisonment for 15 days under Section 323 IPC and to undergo simple imprisonment for six months and a fine of Rs. 1,000/-, in default of payment of fine to further undergo simple imprisonment for 15 days under Section 354 IPC. Aggrieved and dissatisfied with the judgment dated 27.09.2006, the accused-respondent preferred an appeal and the same was allowed by the Special Judge (Fake Currency Cases), Jaipur City, Jaipur vide impugned judgment dated 12.07.2007 and while setting aside the judgment of the trial Court dated 27.09.2006, the Appellate Court acquitted the accused-respondent from the offences under Sections 323, 354 IPC. Against the judgment of the Appellate Court dated 12.07.2007, the appellant State has preferred the instant criminal leave to appeal. I have heard learned Public Prosecutor appearing for the State, learned counsel for the accused-respondent and have also gone through the judgments dated 27.09.2006 and 12.07.2007 passed by [3] the trial Court and Appellate Court respectively. I also carefully gone through the material available on the record. The Appellate Court while setting aside the judgment of the trial Court, has observed that no independent witness has been examined. Further there was admittedly litigation pending between the accused and the complainant and a case under Section 138 of the Negotiable Instrument Act was also pending prior to lodging of the present FIR. It has also been observed that there was some delay in lodging the FIR and there was contradiction in the statements of the witnesses, so examined. Thus, since the prosecution utterly failed to prove its case against the accused-respondent beyond doubt, therefore, he has rightly been acquitted from the offences under Sections 323, 354 IPC vide impugned judgment dated 12.07.2007. I find no illegality or error in the impugned judgment and the same requires no interference by this Court. Consequently, the criminal leave to appeal fails being devoid of merit and the same is hereby dismissed. Record be sent back forthwith. (K.S. RATHORE),J. /KKC/