JUDGMENT :

(Through Video Conferencing)

1. This revision petition is directed against an order of acquittal dated 13.05.2011 passed by learned Chief Judicial Magistrate, Rajouri whereby accused persons have been acquitted of the charges for offence punishable under Sections 451, 332, 354/382, 201/34 RPC.

2. The order of acquittal has been challenged by the complainants on the grounds that the same is bad in law and facts. Four prosecution witnesses have supported the prosecution case, but the trial court has not given reasons for disbelieving their statements. The trial court has not properly appreciated the evidence on record and has drawn adverse inference on account of non-production and examination of Investigating Officer and the Doctor. The trial court should have ensured their presence and examined them so as to meet the ends of justice. The trial court has not recorded anything in the judgment as to what steps had been taken to ensure the presence of the said witnesses and omission of the trial court in this regard calls for interference of this Court.

3. Heard learned counsel for the petitioners and perused the material on record.

4. As is evident from the judgment impugned the accused persons were facing trial for offences punishable under Sections 451, 332, 354/382, 201/34 RPC in respect of which challan i.e., File No. 182/Challan was presented on 18.01.2005. The said FIR in respect of which challan in question was instituted was filed on the basis of a complaint lodged by Sudesh Kumari and Kirana Kumari and after a trial of more than six years during which number of opportunities were granted to produce prosecution evidence, the challan was dismissed and accused were acquitted.

5. The prosecution story in brief is that on 02.11.2004, a written complaint was lodged by the complainants, Sudesh Kumari and Kirana Kumar at Police Station, Rajouri alleging therein that Sudesh Kumari is posted as a teacher and complainant Kirana Kumari is posted as R.E.T. teacher in Govt. School, Kote Dhara and the accused-Gulshan Kumar (respondent No. 2 herein) who is posted as R.E.T. teacher in the said school alone with his brother Sushil Kumar (respondent No. 3 herein) and Sham Lal (respondent No. 4 herein) entered into the School premises and all the accused persons assaulted and dragged them. They also made filthy remarks and thereby outraged their modesty. The complainants also alleged that during scuffle, one gold chain and a wrist watch of Kirana Kumari was lost. Hence, the complainants approached the trial court.

6. After framing of the charges against the accused persons, on 02.03.2005 they were charged for the aforesaid offences. The witnesses were produced and evidence of the prosecution was closed on 23.04.20210, whereafter defence evidence was led by the accused persons. The trial court after having considered the evidence of the prosecution as well as defence has observed as under:-

“The complaint Sudesh Kumari and Kirana Kumari have filed a written report which is exhibited as EXPW-SK to the SHO Police Station Rajouri, and in the said application it has been only alleged that they and accused Gulshan Kumar are posted as teachers in the Govt. Primary School Kot Dhara and on some old enmity, the accused Gulshan Kumar, Sushil Kumar (brother of accused Gulshan Kumar) and accused Sham Lal Son of Bodh Raj intruded into the School premises and all the three accused assaulted Sudesh Kumari and Kirana Kumari and they even dragged them and made filthy remarks thereby outraged their modesty and during scuffle one golden chain weighing approximately 33 gram and a wrist watch of Ms. Kirana Kumari were lost in the occurrence, but during their statements, both Sudesh Kumari and Kirana Kumari have exaggerated and improved the prosecution story. The Prosecution witness Sudesh Kumari has stated that when she and Kirana Kumari were taking their classes at about 11 a.m., Gulshan Kumar went into the bushes behind the school and he came out from the b