( 1. ) THIS appeal has been preferred by the State against the judgment dated the 13th of September 1958 passed by the Addl, Sessions Judge Vidisha in Criminal Appeal No. 68 of 1957 whereby he set aside the order of conviction and sentence Under Sections 451 and 354 IPC passed against the present respondent by the Magistrate First Class Khilchipur in Criminal Case No. 17 of 1957 and ordered him to be acquitted of both offences,

( 2. ) THE facts of the case, briefly stated, are that on the night of the 12th of January, 1957 at about 8-15 P. M/ the present respondent is alleged to have trespassed into the house of one Bhagwanlal constable at Khilchipur and on entering therein indecently assaulted his wife Mst. Satywati, who im-mediately raised a hue and cry. One Brijrnohan on hearing her outcry went to the house of Bhagwanlal but found its door closed from inside. Brij-mohan thereupon went and informed Bhagwanlal that the present respondent Bhuresingh head constable was inside his house. Thereupon Bhagwanlal along with Vijaysingh, Abdul Gani and other police constables came to his house. On pushing open the bolted door Bhagwanlal found that the accused was indecently assaulting his wife. Bhagwanlal with the help of Vijaysingh and others overpowered the accused. He was thereafter taken to the police station where Bhagwanlal lodged the first information report Ex. P/. 1.

( 3. ) THE accused was on the facts stated above prosecuted and tried for offences Under Sections 451 and 354 IPC

( 4. ) IN his statement Under Section 342 Cr. PC. , the accused stated that he had paid a visit to Bhagwanlal?s house at the invitation of his wife Mst. Satyawati. He pleaded that he had criminal intimacy with Satyawati since sometime prior to the incident and had, therefore, gone to her house on her invitation. He denied that he had bolted the door from inside or that Satyawati had raised an outcry at the time of the incident. According to him when Bhagwanlal came back from his duty he saw his wife sitting on a charpoy along with him. He denied that he was seen by Bhagwanlal indecently assaulting his wife, but pleaded that they were sitting with their hands flung round each others neck. According to him Brijlal and other persons arrived at the scene of occurrence only afterwards on being called by Bhagwanlal. The respondent, however, admitted that he was taken by Bhagwanlal and Ramgopal to the police station. The accused examined himself and 17 others witnesses in support of his plea.

( 5. ) AT the conclusion of the trial the learned Magistrate First Class Khilchipur held the evidenca adduced by the accused in support of his plea to be discrepant and unreliable in nature. Relying on the evidence of Mst. Satyawati, as corroborated by the other evidence on record, it was held that the accused committed house trespass with the intention to committed an offence Under Section 354 IPC and that on entering therein he actually committed an offence under the latter Section. The accused was, therefore, found guilty of both offences and sentenced to undergo rigorous imprisonment for six months on each count the sentences to run concurrently. In addition to the sub" stantive sentence the trial Court sentenced the accused Under Section 451 IPC to pay a fine of Rs. 20 or in default to undergo rigorous imprisonment for 10 days.

( 6. ) ON appeal the Addl, Sessions Judge Vidisha (Camp at Rajgarh) held on a consideration of the entire circumstances of the case that it was not unlikely that the present respondent went to Bhagwanlals house on the night in question on Satyawatis invitation. He disbelieved the prosecution version regarding Satyawati having raised an alarm. In conclusion the learned appellate Judge held that it had not been proved beyond reasonable doubt that the accused trespassed into Bhagwanlals house with the intention of committing an offence Under Section 354 IPC or that he on entering therein committed an offence under that Section. The appeal w