JUDGMENT Sandeep Mehta, J. - Heard learned counsel for the parties. Perused the material available on record. 2. The instant appeal has been preferred by the victim Smt. Sugana Devi for assailing the judgment dated 18.07.2017 in Criminal Case No.372/2009 whereby, the Judicial Magistrate, Aspur, District Dungarpur acquitted the respondents accused from the charges under Section 452/34 and 354/34 of the IPC. 3. Brief facts relevant and essential for disposal of the appeal are noted herein below: The complainant Smt. Sugana Devi lodged a complaint in the court concerned with the allegations that her husband Ganesh Nath used to work as a taxi driver in Gujarat. He was murdered on 13.05.2009 and after his death, the respondents herein, being the matrimonial relatives, started harassing and humiliating her. On 25.09.2009 at about 06.00 am. while she was sleeping inside her room, the accused Amar Nath knocked the door. When she opened the door, the accused entered inside and caught hold of her hand and outraged her modesty. After usual inquiry, cognizance was taken by the learned trial court against the four accused respondents for the offences under Sections 452/34 and 354/34 IPC. After conclusion of trial, the learned trial court, proceeded to acquit the respondents from the charges. 4. Shri Shambhoo Singh, Advocate canvassed for admission of the appeal urging that in the examination-in-chief, the appellant complainant has levelled clear allegations constituting the necessary ingredients of the offences against the accused respondents. 5. Per contra, Shri P.S. Rathore, Advocate representing the respondents accused pointed out that in the cross-examination conducted from the appellant, she admitted that Amar Nath used to treat her as his mother and that no act of indecency, outraging of moedesty or trespass was committed by the accused. He thus urges that the trial court was justified in acquitting the accused of the charges. 6. Having appreciated the arguments advanced at bar and after going through the entire statement of Smt. Sugana Devi, the victim appellant and the evidence of other material prosecution witnesses, it is clear that as, the victim complainant herself admitted in her cross-examination that the accused used to treat her with respect and that no such incident which she alleged in the report, took place with her, the trial court was left with no option but to acquit the respondents of the charges.
The impugned judgment dated 18.07.2017 passed by the learned Judicial Magistrate, Aspur, District Dungarpur does not suffer from any illegality or infirmity warranting interference. 7. Thus, the appeal is rejected as being devoid of merit. Record be returned to the trial court forthwith.