No interference with an order of acquittal is warranted in an appeal unless compelling reasons exist.

JUDGMENT :

Vibhu Bakhru, J.

The petitioner has filed the present appeal impugning a judgment dated 14.12.2016 passed by learned ASJ - 04 (Central), Delhi in Sessions Case No. 27255/16. The said proceedings arose from the FIR No. 190/2013 under Sections 308/323/354B/34 of the Indian Penal Code,1860 (IPC), registered with PS Prasad Nagar. The FIR in question was registered at the instance of the petitioner (the complainant).

2. In terms of the impugned judgment, the accused have been convicted of the offence under Sections 323/34 of the IPC for causing injuries to the complainant, one Mr Brahm Prakash (the complainant's father) and Vishal (the complainant's brother). However, the accused were acquitted of the offence under Section 354 of the IPC. The accused were also acquitted of the offence under Section 323 of the IPC stemming from injuries, allegedly suffered by one Mr Mahesh (the complainant's uncle).

3. The appellant is aggrieved by the impugned judgment to the extent that it acquits the accused of an offence under Section 354 of the IPC.

4. In view of the above, the limited question to be considered is whether the impugned judgment is manifestly erroneous, inasmuch as, it acquits the accused of an alleged offence under Section 354 of the IPC.

5. The appellant was examined as witness for the prosecution (PW-1). She had deposed that she was standing at the gate of her house on the day of the incident and her uncle (Mahesh Kumar) came out of his house to go to the house of his in-laws. She deposed that the pet dog of the accused Kalu had pounced on her uncle to bite him. She stated that her uncle had asked the accused Kalu to keep his dog on a leash. This resulted in a quarrel between her uncle (Mahesh) and Kalu. The other accused (Jeetu, Chintu and Deepak) also came at the spot and used abusive language against her. The appellant further stated that her brother Vishal also reached on the spot to assist them. Jeetu picked up a brick which was lying in the lane and hit Vishal on his head with it. She also alleged that Jeetu and Deepak had touched her breast; Jeetu had caught hold of her hand; and Chintu had pulled the lower part of her apparel. She stated that Jeetu had kicked her stomach. She also stated that she had bitten Jeetu's stomach to save herself. She states that she had dialled 100 and informed the police. The police officials arrived on the spot and the petitioner and Vishal were taken to a hospital.

6. The petitioner's father (Mr Brahm Prakash) also deposed as PW-3. He also had described the said incident and stated that he saw that the accused were beating his younger brother Mahesh and were abusing his daughter (the appellant herein). He stated that he attempted to save them and, in the process, the accused also started beating him. He stated that his son Vishal also reached at the spot and the accused Jeetu had smashed a brick on Vishal's head. He stated that the appellant and his wife had taken Vishal to RML Hospital and thereafter, he was taken to Lady Hardinge Hospital for medical examination.

7. Vishal (the appellant's brother) deposed as PW-5. He also deposed that he had witnessed the accused (Jeetu and Kalu) abuse and beat his sister (the appellant) and his uncle (Mahesh).

8. The Trial Court noted that neither the testimony of the petitioner's father nor the testimony of the petitioner's brother supported the allegations made by the appellant regarding the accused touching her inappropriately and trying to disrobe her. The relevant extract of the impugned order is set out below:

"43. IN regard to the injuries, she stated that accused Jeetu kicked her on stomach. However, as per the MLC Ex.PW15/B, no visible injury was found on her body, though patient was complaining of pain on her chest, upper abdomen and face and the injuries were reported to be simple. There is no dispute about the presence of complainant at the spot at the time in question, as it is also the case of the accused that Ritu had bitten accused Jee