MOHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel Sri. Y.S. Shivaprasad for the petitioner and the learned HCGP Shri Thejesh for the State.

(2.) This Criminal Revision Petition is directed against the judgment passed by the Appellate Court in Crl.A.No.43/2009 dated 08.03.2011 dismissing the appeal and thus confirming the impugned judgment of conviction and sentence passed by the Trial Court in C.C.No.188/2007 dated 26.03.2009. The Trial Court had convicted accused petitioner herein for offence under Sections 354 of IPC and sentenced him to undergo simple imprisonment for a period of six months but however, acquitted him for the offence under Section 506 IPC. The Appellate Court had dismissed the appeal filed by the accused and thus confirmed the order of the Trial Court, by its order dated 08.03.2011 in Crl.A.No.43/2009. It is against the said judgment that the petitioner has preferred this petition.

(3.) The factual matrix of the petition as per the case put forth by the prosecution is that on 28.01.2007 at about 2.30 p.m. in Lakkenahalli village, when the complainant Smt. Roopa / PW-1 was cutting firewood near the bank of a pond, it is alleged that the accused held her breast from behind and had tried to molest her. But however, PW-1 had at once cried for help as a result of which PWs 2 and 3 who were also cutting firewood nearby had rushed to the spot. The accused on seeing both of them, had gone away from the spot however threatening the complainant of dire consequences if she complained the incident to the police. The complainant then went home and since her husband was not in town, lodged a complaint as per Exhibit P1 on the next day when her husband came home. Then the Gubbi Police registered a case in Cr.No.16/2007 for the aforesaid offences and proceeded for investigation. The statement of eye-witnesses were recorded including the statement of the complainant's husband PW-4 and a spot mahazar was drawn as per Exhibit P2. PW-7 who had treated PW-1 gave the wound certificate which was marked as Exhibit P5. After completion of investigation, the charge sheet was submitted to the court of the Sr. Civil Judge and JMFC, Gubbi. The Magistrate then took cognizance and after securing the presence of the accused, framed charges for offences punishable under Sections 354 and 506 of IPC. The accused pleaded not guilty and claimed to be tried. The prosecution in all examined seven witnesses as PWs 1 to 7 and got marked five documents as Exhibits P1 to P5. Thereafter, the incriminating statement of the accused was recorded under Section 313 Cr.P.C. However he did not come forward to adduce any defence evidence. The learned Magistrate, after hearing the arguments of both sides, by its judgment dated 26.03.2009 convicted the accused for the offence under Section 354 IPC and sentenced him to undergo simple imprisonment for a period of six months.