SANDEEP ALIAS BHOPALI Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the present revision petition impugning a judgment dated 02.09.2020 (hereinafter 'the impugned judgement'), whereby the petitioner's appeal against a judgment dated 26.07.2019 convicting him for an offence punishable under Section 354/451 of the Indian Penal Code,1860 (hereinafter 'IPC') and an order dated 27.08.2019 sentencing him for the said offences, was dismissed.

(2.) The learned Trial Court found merit in the prosecution's case that, at about 01:00 p.m. on 04.08.2014, the petitioner had entered into the house of the complainant. She was resting at that time. He had caught hold of her left hand and given a blow on her chest with the intention to outrage her modesty. In addition, he had allegedly threatened her.

(3.) The complainant was examined as PW2. She stated that she was working as a maid in the nearby houses. She testified that on 04.08.2014, at about 01:00 p.m. or 01:30 p.m., she returned back home after completing her work and was lying on her cot. She stated that the petitioner, who lived near her house, entered the house and started physically abusing her. She alleged that he delivered a blow on her chest and had also threatened that he would kill her with a knife. She raised an alarm and on hearing the same, her nephew, Kartik, came and apprehended him. He called the police. The PCR came and took him to the police station. She also stated that she along with her nephew, Kartik, went to the police station. Her statement (Ex.PW2/A) was recorded by the police. Subsequently, her statement under Section 164 of the Cr.PC (Ex.PW2/D) was recorded. In her statement, she stated that she had returned to her home at about 01:30 p.m. on 04.08.2014. She had entered the house and had lied down on a cot (charpai). A little while later, a boy came and caught hold of her hand and he also gave a blow on her chest (meri chhati par hath mara). She stated that she started screaming and on hearing the same, her nephew came and took the boy, whose name was Bhopali, outside. She stated that thereafter, they called the police. She also alleged that he had threatened her and she was feeling scared.