1. The appellant/State has preferred this appeal against the order dated 9-11-2001 passed by the Judicial Magistrate First Class, Bilaspur whereby the respondent has been acquitted of the charges under Section 456 and 354.ofthe Indian Penal Code.

2. Briefly stated the prosecution story is that on 28-5-1999 at about 2.30 in the night, the respondent entered into the house of complainant and tried to outrage the modesty of PW 2 Sumitra Bai. On the next day report was lodged and 'liter due investigation challan was filed.

3. The accused abjured his guilt and contended that he has been falsely implicated.

4. During investigation, the prosecution examined PW 1 Sumitra Bai wife of Shatrughan, PW 2 Sumitra Bai wife of Khikram, PW 3 Ghusiya, PW 4 Anandi Bai, PW 5 Shatrughan, PW 6 Bodhan Singh and PW 7 Padumnath. The accused did not adduce any evidence in defence. PW 1 Sumitra Bai wife of Shatrughan, PW 3 Pusaiya and PW 4 Anandi Bai did not support the prosecution version and they were declared hostile. PW 5 Shatrughan has also stated that he did not know about the incident.

5. Heard learned counsel for the parties.

6. Learned counsel for the State contended that the accused has wrongly