GURDEV SINGH, J.

1. This is a State-appeal against the order of Shri G.R. Gogiam, Magistrate, First Class, Ludhiana, dated 22nd October, 1964, acquitting the respondent Kali Ram of charges under Sections 324 and 354 of the Indian Penal Code without having recorded the entire evidence that the prosecution had to produce. The relevant facts are as follows:

On 8th September, 1963, Gurmit Singh, a resident of Bhangali Kalan, district Amritsar, who had brought a dancing party to the fair at Raikot in the District of Ludhiana, lodged a report at the local police station complaining that the respondent Kali Ram had attacked him with a knife, and getting hold of Shrimati Nishi, a member of the dancing party, had caught her by the breasts. On due investigation, the respondent was prosecuted, and in accordance with the provisions of sub-section (3) of section 251A of the Criminal Procedure Code, charges under Sections 324 and 354 of the Indian Penal Code were framed against him by a Magistrate First Class at Ludhiana in 29th October, 1963.

2. On Kali Ram pleading not guilty the case was adjourned to 12th November, 1963, with the direction that the prosecution evidence be summoned for