HUSENI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed by the accused-revision petitioners under Sec. 397 R/w 401 of the Indian Penal Code , 1860 (for short, hereafter referred to as ' IPC ') challenging the judgment of conviction passed by the learned Principal Civil Judge and JMFC., Jamakhandi in C.C.No.17/2011 dtd. 16/11/2012 whereby the learned Magistrate has convicted the accused-revision petitioners herein for the offences punishable under Ss. 323, 504 and 354 R/w Sec. 34 of IPC which was confirmed by the learned I Additional District and Sessions Judge Bagalkot sitting at Jamakhandi in Crl.A.No.136/2012 dtd. 22/6/2016.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) The brief factual matrix leading to the case are that, on 3/12/2010 in the afternoon the complainant and her sister- in-law had been to the canal on Mudhol Road to wash the cloths. At about 4.30 p.m. the petitioners-accused Nos.1 and 2 came there and started enquiring about the name of the complainant and her address etc., When, the complainant objected for all these details and questioned the reasons for getting such an information. Then the accused abused her in filthy language, pulled her sari and hair and tried to outrage her modesty. In the said process, accused No.2 also kicked her near the stomach and also assaulted her by hands on the cheek and chest. When Kasturi tired to intervene, she was also assaulted. The victims then returned to the home and after informing in-laws and after arrival of the husband of complainant, who had been to Guddapur village, lodged a complaint on the next day. On the basis of the complaint, the investigating officer investigated the crime and submitted the charge sheet. After submission of the charge sheet, as there are sufficient grounds to proceed against the accused, the cognizance was taken by the learned Magistrate. The accused were initially arrested and were later on enlarged on bail. The prosecution papers were also furnished to the accused. After hearing the arguments, the charge was framed against them for the offences punishable under Ss. 323, 354, 504 R/w Sec. 34 of IPC and accused pleaded not guilty.