1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Criminal Appeal No.346 of 2012 Date of Decision: 08.04.2026 __________________________________________________________________________ State of Himachal Pradesh …...Appellant Versus Hari Hara Nand & Anr. …....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the petitioner: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General. For the Respondent: Appeal against respondent No.1 stands abated. Ms. Shipra Thakur, Advocate, for respondent No.2. ___________________________________________________________________________ Sandeep Sharma, J. (Oral) Instant criminal appeal filed under Section 378 of the Code of Criminal Procedure, lays challenge to impugned judgment of acquittal dated 05.12.2011 passed by learned Chief Judicial Magistrate, Solan, District Solan, Himachal Pradesh, in Criminal Case No.115/2 of 2007, under Sections 342, 354, 323 & 109 read with Section 34 of Indian Penal Code, whereby learned Court below held the respondent (hereinafter 2 referred to as ‘accused’) not guilty of his having committed offences punishable under the aforesaid provisions. 2. In nutshell, case of the prosecution is that on 12.05.2006 at about 01:45 p.m. at Village Jarai near Brewery Tehsil and District Solan, Himachal Pradesh, accused persons in furtherance of common intention wrongfully confined the complainant in a room of Ashram. After wrongfully confining the complainant, accused persons allegedly physically assaulted and used criminal force against her with the intent to outrage her modesty. Allegedly accused persons also gave beatings to the complainant, as a result thereof, she sustained simple injuries. It is alleged that on 12.05.2005 at about 01:30 p.m., accused Kamla went to the house of the complainant on the instructions of accused Hari Hara Nand and took her to the Ashram on the pretext of searching some legal papers relating to some court case. Allegedly the accused Kamla took the complainant into a dark room and thereafter, was physically assaulted by the accused persons with the intention to outrage her modesty. Accused Hari Hara Nand caught hold of the complainant from behind and gagged her mouth with a Chuni/Dupatta and thereafter, physically assaulted and gave beatings to her. Complainant was later rescued by her parents. Thereafter, the matter 3 at first instance was reported to the local Gram Panchayat and the information thereof was also given at Police Station Sadar, District Solan, Himachal Pradesh, on the same day, which was entered as Rapat No.18 dated 12.05.2006. Subsequently the Police recorded the statement of the complainant under Section 154 Cr.P.C, wherein she narrated the story as has been noticed hereinabove. 3. On the basis of afore statement, FIR No.119/06 dated 12.05.2006 was registered against the accused persons under Sections 342, 354, 323, & 109 read with Section 34 of Indian Penal Code, at PS Sadar, Solan, Himachal Pradesh. After completion of investigation, police presented challan in the competent Court of law, which subsequently after having found prima facie case against the accused persons, framed notice of accusation against them, to which they pleaded not guilty and claimed trial. 4. Prosecution, with a view to prove its case, examined as many as six witnesses, whereas accused persons, in their statements recorded under Section 313 Cr.P.C, denied the case of prosecution in toto and claimed trial. In support of their defence, accused examined one witness, i.e. DW-1, Sh. Someshwarnand. 4 5. On the basis of totality of evidence led on record by the respective parties, learned Court below acquitted the accused named in the charge sheet filed under Section 173 Cr.P.C for their having allegedly committed offences punishable under Sections 342, 354, 323 & 109 read with Section 34 of Indian Penal Code. In afore background, appellant/State has approached this Court in the instant proceedings, praying therein for conviction of the accused after setting aside the judgment of acquittal recorded by learned Court below. At this stage, it is noticed that one of the accused, Hari Hara Nand, expired during the pendency of the appeal, as such, appeal already stands abated against him. 6. Precisely, the grouse of the appellant/State, as has been highlighted in the grounds of appeal and further canvassed by Mr. Rajan Kahol, learned Additional Advocate General representing the appellant/State, is that learned Court below, while passing judgment of acquittal, failed to appreciate the evidence in its right perspective. While making this Court peruse evidence led on record by the prosecution, Mr. Kahol attempted to argue that there is overwhelming evidence adduced on record to show that accused Kamla firstly confined the complainant in a dark room and thereafter, physically assaulted her with the help and aid of 5 co-accused Hari Hara Nand. Mr. Kahol submitted that though an attempt to outrage the modesty of the complainant was made by the co-accused Hari Hara Nand, who has expired, but since accused Kamla assisted the afore accused and she was otherwise instrumental in bringing the complainant to the Ashram, where she was allegedly assaulted, no illegality can be said to have been committed by the prosecution, while registering the case against the accused under aforesaid provisions of law. He further argued that outraging the modesty of a woman refers to acts that violate a woman’s dignity, decency, or sense of shame, typically through sexual assault, use of criminal force, or other forms of disrespectful conduct. He submitted that since accused Kamla used criminal force to keep the complainant in confinement and thereafter, disrespected the complainant by helping and aiding the co-accused in outraging her modesty, she is liable to be punished under Sections 342, 354, 323 & 109 read with Section 34 of Indian Penal Code. 7. To the contrary, Ms. Shipra Thakur, learned counsel for accused No.2, supported the impugned judgment of acquittal. She submitted that bare perusal of evidence led on record by the prosecution nowhere suggests that prosecution was able to prove beyond reasonable 6 doubt that modesty of the complainant was attempted to be outraged by the accused. She further submitted that as per evidence adduced on record by the prosecution, an attempt to outrage the modesty, if any, of the complainant was made by the accused Hari Hara Nand, who was expired. She submitted that it has come in the evidence that on the askance of co- accused Hari Hara Nand, accused Kamla had called the complainant to the Ashram, but save and except statement of complainant, there is no evidence to show that she was forcibly taken by the accused Kamla into a dark room, where an attempt was made by the accused Hari Hara Nand to outrage her modesty. 8. Having heard learned counsel for the parties and perused material available on record vis-a-vis reasoning assigned in the impugned judgment of acquittal, this Court is not persuaded to agree with Mr. Rajan Kahol, learned Additional Advocate General, that learned Court below failed to appreciate the evidence in its right perspective, rather this Court finds that learned Court below has duly appreciated the evidence and has rightly acquitted the accused for their having committed offences punishable under Sections 342, 354, 323 & 109 read with Section 34 of Indian Penal Code. 7 9. Accused Hari Hara Nand, being a saint, used to live in Ashram in Village Jarai and complainant is also resident of the same village. Material available on record reveals that complainant as well as her family had been followers of the accused and prior to date of alleged incident, they had been coming frequently to the Ashram. It also emerges from the material available on record that accused Hari Hara Nand had furnished guarantee for the loan availed by the father of the complainant from the Nationalized Bank. Since father of the complainant was unable to repay the loan, guarantee furnished by the accused Hari Hara Nand in the shape of FDRs was forfeited. Allegedly on 12.05.2005, accused Kamla on the askance of above named Hari Hara Nand called the complainant to the Ashram on the pretext of searching some legal papers, but allegedly complainant was taken into a dark room by the accused Kamla, where she was joined by Hari Hara Nand. Complainant was wrongfully confined in the room, accused Hari Hara Nand, after his having tied her hands, attempted to outrage her modesty. It is alleged that accused persons made victim- prosecutrix to lie down and thereafter accused Hari Hara Nand sat on her stomach and started beating and molesting her by pressing her breast. Complainant raised an alarm, on which she was rescued by her parents. 8 10. With a view to prove aforesaid case against the accused persons, prosecution examined complainant as PW-1, her father Sh. Shyam Lal as PW-2, Dr. R.K. Sharma as PW-3, Sh. Ved Parkash as PW-4 and the Investigating Officer, Inspector Anil Daulta as PW-6. Besides above, prosecution also relied upon documentary evidence in the form of statement of the complainant recorded under Section 154 Cr.P.C. Ext. PW-1/A, seizure memos Ext. PW-1/B and Ext. PW-1/C. 11. Complainant deposed that accused Kamla came to her house on 12.05.2006 at about 11:00 a.m. and asked her to accompany her to the Ashram for taking out certain documents pertaining to the Court case, howsoever, she refused to accompany her as she was alone and had to cook food for her brother. She further deposed that on the same day at about 1:45 PM, accused Kamla again came to the house of the complainant and again requested to accompany her to Ashram for taking out the documents pertaining to the Court case. She deposed that she was taken by the accused into a dark room, where she was asked by the accused Kamla to bring out an attaché, but Kamla insisted and took her inside the room, where the accused Hari Hara Nand came from the behind and gagged her mouth with a Dupatta. She deposed that accused also started pressing her 9 breast, on which she raised alarm and later was rescued by her parents. If the aforesaid version put-forth by the complainant is examined juxtaposing her initial statement recorded under Section 154 Cr.PC. Ext. PW1/A, this Court is persuaded to agree with the finding returned by the learned Court below that there are material contradictions and inconsistencies in her statements. 12. The statement of the complainant, if read as a whole, does not mention that the accused persons assaulted and used criminal force against her with the intent to outrage her modesty. There is nothing to infer that the accused Hari Hara Nand physically assaulted and used criminal force against the complainant intending to outrage her modesty. The complainant failed to corroborate the allegations of molestation as contained in Ex. PW-1/A by making similar statement in the Court. 13. Similarly, the evidence regarding wrongful confinement of the complainant in a room is also very shaky. Complainant nowhere, in clear and convincing terms, stated with regard to her confinement, while deposing as PW-1. Though complainant, in her cross-examination, stated that the accused Kamla got the attaché out side the room to search the papers, however, such fact is totally contrary to her initial statement, 10 wherein she deposed that she was taken inside the room despite her reluctance. Since, the complainant, as per her statement, did not enter in the room, there is no question, if any, of her wrongful confinement. 14. Similarly, the presence of the accused Hari Hara Nand at the time of incident is also not substantiated in view of the statement of the father of the complainant, Sh. Shyam Lal, who while deposing as PW-2, stated that the accused had called the complainant on telephone and asked her to take out papers from the Attaché and hand over the same to accused Kamla. Aforesaid statement made by PW-2 is totally contrary to the case of prosecution that accused Hari Hara Nand directed his co-accused Kamla to call the complainant to Ashram for taking out documents from the attaché. The complainant also admitted that when she went to the Ashram, accused Hari Hara Nand was there, however, she added that accused came later in the room and caught hold of her from behind and thereafter, physically assaulted and used criminal force against her. Thus, the statement of the complainant (PW-1) and her father Sh. Shyam Lal (PW-2) are at variance so far as the presence of the accused Hari Hara Nand in the Ashram at the relevant time is concerned. Similarly there is a material contradiction with regard to calling of the complainant. As per complainant, she was called by 11 co-accused Kamla, who had allegedly gone to her house to take her along, but as per statement of the father of the complainant as PW-2, accused Hari Hara Nand asked complainant on telephone to come to Ashram for tracing some legal documents. As far as recovery of the broken bangles Ex.P3 vide seizure memo Ex.PW1/B is concerned, it can be inferred that the same were recovered from the room where the complainant was confined and assaulted by the accused persons, however, such evidence may not be of much relevance in light of statements of complainant as well as her father. Complainant stated that she never entered into room, where the alleged incident took place. According to the spot map Ex. PW-6/A, there are a number of houses in the vicinity of Ashram, where the incident took place. Though complainant also deposed that she kept screaming through out the incident in order to attract attention of the neighbourers, however, there is no evidence that anyone from the neighbourhood heard the cries of the complainant or came to the spot for her rescue. 15. Sh. Ved Parkash, Ward Member PW-1 deposed that he came on the spot at a later point in time and the incident was narrated by the complainant to him in the presence of Pardhan Gram Panchayat Smt. Shanta Devi, but once this witness had no occasion to see the alleged 12 incident with his eyes, credence was rightly not given to his statement by learned Court below, while ascertaining the guilt, if any, of the accused named in the FIR. Though MLC Ext. PW-3/A adduced on record by the prosecution suggests that complainant suffered simple injuries, but same may not be sufficient to conclude guilt, if any, of the accused, especially when there is no evidence to directly connect the accused named in the FIR with the injuries, if any, suffered by the complainant in the alleged incident. 16. Having scanned the entire evidence adduced on record by the prosecution, this Court has no hesitation to conclude that prosecution was unable to prove beyond reasonable doubt that on the date of alleged incident, accused named in the FIR wrongfully confined the victim- prosecutrix and thereafter, an attempt was made by them to outrage her modesty, if it is so, no illegality can be said to have been committed by the learned Court below, while acquitting the accused. 17. Consequently, in view of the detailed discussion made herein above, this Court finds no illegality and infirmity in the impugned judgment of acquittal passed by the learned trial Court, which appears to have been passed on the proper appreciation of facts, as such, same is upheld. 13 Accordingly, present appeal fails and dismissed alongwith pending applications, if any. Bail bonds, if any, furnished by the accused stand discharged. April 08, 2026 (Sandeep Sharma), (sunil) Judge