In an appeal against acquittal, the appellate court should not interfere with a plausible view taken by the trial court. If the evidence led by the prosecution is contradictory and failing to establish the guilt beyond reasonable doubt, the acquittal must be upheld.

*****

AMARJOT BHATTI, J.

1. Both abovementioned cases i.e. criminal appeal as well as criminal revision arising out of common judgment dated 11.05.2005 in FIR No.67 dated 03.03.1999 under Section 306, 354 read with Section 34 IPC and Section 506 IPC registered at Police Station City Yamuna Nagar are taken up together for final disposal.

2. Petitioner/complainant ‘SK’ filed criminal revision i.e. CRR-1789-2005, whereas, appellant/State of Haryana has filed appeal i.e. CRA-S-1492-SB-2008 against judgment of acquittal dated 11.05.2005 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, in Sessions Case No. 39 of 2000/02, case titled “State Vs. Anish”, vide which Anish (respondent No. 1 in CRR-1789-2005 and respondent in CRA-S-1492-SB-2008) has been acquitted of the charges framed against him under Section 306, 354 read with Section 34 IPC and Section 506 IPC in FIR No. 67 dated 03.03.1999 registered at Police Station City Yamuna Nagar.

3. Brief facts of the case are, on 03.03.1999 at about 11:30 pm, Inspector/SHO Arun Singh of Police Station City Yamuna Nagar along with police officials was present near Shastri Colony for patrolling and when he reached at Oberoi Chowk, ‘SK’ met him and got recorded her statement. In her statement, she alleged that she has two daughters. Her elder daughter was married and residing with her in-laws, whereas her younger daughter ‘R’ was residing with her. On 02.03.1999, she along with her husband had gone to the house of Sh. Dev Raj Vinayak, Model Town, Yamuna Nagar to extend Holi greetings. At about 11:30 am, she alongwith her husband and daughter ‘R’ went there in their Esteem car bearing registration No. HR-02D-455, which was being driven by her daughter. After reaching the house of Dev Raj Vinayak, her daughter left to celebrate Holi with her friends. At about 12:30 pm, her daughter ‘R’ came back and disclosed that near the office of Electricity Board in Model Town, opposite Mata Ji Mandir, about 4/5 boys who had come on scooter and motorcycles stopped her car. When she came out of the car, they started misbehaving with her. Upon her objection, one boy, namely Anish Goyal, resident of village Buria, whom she already knew and who had earlier also shown bad intentions towards her, caught hold of her, twisted her arm, slapped her and also gave fist blows. She further disclosed scooter number of said boy i.e. HR-02E-5380. On raising alarm, Gaurav Dhingra and Virender Arora reached the spot and witnessed the entire occurrence with their own eyes. On seeing them approaching, said boys ran away from the spot. While leaving, they threatened that although she had escaped on that day, in future she would not be able to show her face in society. Her daughter further informed her that Gaurav Dhingra and Virender Arora dropped her at the house of Dev Raj Vinayak. She was in a state of great shock and insisted her to bring the matter to the notice of her father so that strict action could be taken against said boys. Complainant stated that since it was a day of festival, she assured her to go back home and she will reach home along with her father after some time and then they will take action. After some time, she (complainant) along with her husband returned home and found her daughter lying unconscious on sofa. On seeing her condition they got frightened and immediately took her to hospital of Dr. R.K. Gupta. Upon seeing her serious condition, doctor advised that she be immediately taken to PGI. When they were going to PGI and reached Shahjadpur, their daughter passed away. Thereafter, they brought her back home. After the death of her daughter, she (complainant)