JUDGMENT

Vivek Singh Thakur, J. - This appeal has been preferred by the State against acquittal of the respondent vide judgment dated 1. 7. 2008 passed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr H. P. in Cr. Appeal No. 5 of 2005 titled Chhotu Ram vs. State of H. P. , whereby conviction and sentence imposed upon respondent, vide judgment dated 30. 3. 2005 passed by learned Sub Divisional Judicial Magistrate, Ani in criminal case No. 75-2 of 2004 in case FIR No. 78/2004 dated 29. 8. 2004 registered under Sections 354, 294, 506, 290 and 510 IPC in P. S. Ani, has been reversed.

2. I have heard learned counsel for parties and have also gone through record of the case.

3. Prosecution case, in brief, is that on 29. 8. 2004 at about 12. 45 PM, respondent, under influence of liquor, came on shop of PW1 Shakuntla and asked her to join him and on her refusal, respondent molested and abused her. Complainant was rescued by PW2 Asha Devi and PW3 Kamla Devi from clutches of the respondent. Complainant rushed to the police station, lodged FIR Ext. PW1/A, whereafter investigation was carried on. Accused was got medically examined through PW4 Dr. Manjit Singh, who issued M