The erosion of the veracity of the prosecution's version due to discrepancies in testimonies can lead to the acquittal of the accused.

JUDGMENT :

SURESHWAR THAKUR, J.

1. The instant appeal is directed by the state against the impugned judgment, rendered on 20.2.2013, by the learned Sessions Judge, Sirmaur, District at Nahan, Himachal Pradesh, in Criminal Appeal No. 90-Cr.A/10 of 2011 whereby, the learned Sessions Judge while reversing the judgment of conviction recorded against the accused/respondent by the learned Judicial Magistrate, 1st Class, Rajgarh, District Sirmuar, H.P., acquitted the accused for his having allegedly committed offences punishable under Sections 354 and 323 IPC.

2. The brief facts of the case are that on 8.9.2009 the complainant alongwith his father Sunder Singh came to report the matter at police Station pachhad. She revealed that on 7.9.2009 she was studying in her room. At about 12.45 a.m., when she proceeded to the toilet, then someone caught hold of her from behind and pressed her breast and kissed her. When she turned back, the person was found to be Jeet Singh, who was wearing a ladies suit. On hers raising an alarm, her parents have attempted to evacuate her from the clutches of the accused by entering into the scuffle with the latter, who however successful in fleeing from the spot. In this incident her shirt was torn off and she also suffered injuries on her head and back. Prior to this incident the accused had thrice done such obscene acts with her. On the basis of her statement an FIR came to be registered and the investigation was taken up. On conclusion of the investigation, into the offence, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.

3. The accused was charged, for, his having committed offences punishable under Section 354 & 323 IPC, to, which he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined 9 witnesses. On closure of prosecution evidence, the statement of accused, under Section 313 of the Code of Criminal Procedure, was recorded, in, which he pleaded innocence and claimed false implication. He chose to lead evidence in defence.

5. On appraisal of the evidence on record, the learned trial Court, returned findings of conviction against the accused. On an appeal, preferred by the accused, before the learned Sessions Judge, the Learned Sessions Judge, while reversing the judgment of conviction recorded by the learned trial Court, acquitted the accused.

6. The State is aggrieved by the judgment of acquittal, recorded by the learned Appellate Court. The learned Deputy Advocate General has concertedly and vigorously contended that the findings of acquittal, recorded by the learned Appellate Court, are, not based on a proper appreciation of evidence on record, rather, are sequelled by gross mis-appreciation of the material on record. Hence, he, contends that the findings of acquittal be reversed by this Court in exercise of its appellate jurisdiction and be replaced by findings of conviction.

7. On the other hand, the learned counsel for the respondent has with considerable force and vigour contended that the findings of acquittal recorded by the Appellate Court are based on a mature and balanced appreciation of evidence on record and do not necessitate interference rather merit vindication.

8. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record.

9. The learned first appellate Court had on incisive discernment of the testimonies of the prosecutrix as well as of her parents, who deposed as PW-2 and 3, while theirs unfolding material embellishments and improvements over the version qua the incident comprised in the FIR, concluded hence that the truth of the version recorded in the FIR is eroded. The findings and conclusions arrived at by the Appellate Court would not entail reversal unless a circumspect reading and an analysis of the testimonies of prosecutrix as well as of PWs 2 and 3, her parents,