Details - Dhemaji

14) Going through all the evidences available with the record and after
hearing both the sides, it is seen that there was no witness of the fact that the
accused had entered into the house of PW1 and touched the body of PW1
with an intent to outrage her modesty.
However I have found that the defence side has failed to proof and show
that the accused had used the forces/pushed PW1 in the self defence only
and they failed to show that the complainant had given any grave
provocation to the accused and then the accused had used the forces unto
PW1 and fell her down on the ditch.
Neither any prosecution witnesses stated that PW1 had used any abusive
provocation words to the accused nor stated that PW1 has initially tried to
assault the accused in front of the villagers. The statement of the accused
has no proof that he had pushed PW1 only to defend himself from PW1. The
PW1 is the sister in law of the accused. In the present case that PW1 was
pushed into a ditch and the accused assaulted her thereof after fell her
down, it has stated by all the prosecution witnesses and even the accused
has also stated that he pushed her into the ditch/khal. In these regards, I
don’t find that PW1 had stated anything exaggeratedly in the case. Here
PW1 versions in the regard have been corroborated with the versions of
PW2 -to- PW3.
The PW4 & PW5 had also heard about the altercation between the
accused and PW1. The prosecution side has failed to show the medical
proof of any injury of PW1. It is true that in every such assault and case, we
may not get any medical proof of the injury. The injury may not be eternal
and/or serious one, but it does not mean that the person did not sustain any
pain and the accused did not use any criminal force as such. The accused
has also failed to show having any previous enmity with PW1.
Keeping in view all the discussed facts, I have come to conclusion that
the prosecution has failed to prove the aforesaid Point No.-(i) and (iii).
However, the prosecution has succeeded to prove the Point No.-(ii) only and
decided in affirmative against the accused person.
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