PINJAR SHEKSHAVALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused has preferred this petition assail ing the judgment of conviction and order of sentence dated 5/3/2011 convicting the accused for the offence punishable under Section 354 of IPC and sentencing him to undergo simple imprisonment for a period of six months.

(2.) Brief facts of the case are that PW1 had lodged the first information as per Ex.P1 on 4/4/2008, at about 4.30pm, stating that the accused belongs to her village and on 17/2/2008 when she was sleeping along with her husband, the accused tried to outrage her modesty and pulled her hand at 1.00 O clock in the midnight. Informant raised hue and cry and immediately, the accused had ran away from the spot. On the next day, this incident was brought to the notice of the elders in the village and there was a panchayat. The elders in the panchayat have warned the accused to behave properly. On 3/4/2008, at about 10.00pm, the accused again came near the house of the informant notice the and was loitering there. The husband of the informant noticed the accused and questioned him as to why he is there and immediately he went away. On 4/4/2008 at 3.00 am, when the informant was sleeping, accused again came and with an intention to outrage her modesty pulled her leg. Immediately, the informant raised hue and cry and her husband and one Siddappa, Parasappa and Huchchappa have came to the spot and tried to catch him. But, the accused successfully ran away from the scene of occurrence. Therefore, she requested the police to register the case. Police after registering the case, held investigation and filed charge sheet against the accused for the said offence. The accused pleaded not guilty for the charges leveled against him.

(3.) The prosecution examined P.Ws.1 to 9 and got marked Exs.P.1 to 4 in support of its contention. Accused denied all the incriminating materials available on record, but has not chosen to lead any evidence in support of his defence. The trial Court after taking into consideration of these materials on record, came to the conclusion that the prosecution is successful in proving the guilt of the accused beyond reasonable doubt for the offence punishable under Section 354 of IPC and proceeding to convict the accused as stated above.