Details - Dhemaji

IPC against the accused person. Cognizance was taken under the above mentioned sections of
IPC and the accused person was summoned to face trial in this case. Accordingly the accused
person appeared in Court and he was allowed to go on bail. Copies of the relevant documents
were furnished to him and the substance of the offences u/s 448/323/354 of I.P.C were
explained to him under the relevant provisions of Sec 207 of Cr.P.C to which the accused
person pleaded not guilty and claimed to be tried. Accordingly the Court proceeded with the
trial.
The prosecution examined three witnesses in this case. After
examination of these three witnesses the prosecution declined to examine the other witnesses.
The defence adduced no evidence on their part and their case was of complete denial.
POINTS FOR DETERMINATION
1. Whether the accused person entered into the compound of the complainant with an
intention to commit an offence and thus committed an offence u/s 448 IPC
2. Whether the accused person had voluntarily caused hurt to the complainant, his wife and
son and thus committed an offence u/s 323 IPC
3. Whether the accused person had used criminal force with the intent to outrage the
modesty of the wife of the complainant and thus committed an offence u/s 354 IPC
Discussions and reasons there of:
In this case the complainant was examined as PW1 and in his evidence
he stated that the incident took place five months ago. It was about 7/8 pm in the evening and
this PW was in his house at that time. There was a hulla on the road and there were four or
five people at that time. As stated in his cross examination he gave the ejahar on suspicion.
PW2, in her statement has stated that there were lot of people gathered on the road at that
time and they were quarrelling. In her evidence, PW3 stated that the incident occurred during