(1.) The appellant-accused was convicted under Section 354 of the Indian Penal Code (,,IPC in short) vide judgment dated 30th June, 2000 passed by the Additional Sessions Judge and was sentenced to imprisonment for the period which he had spent in jail as an under trial prisoner and which period was about 13 months. Feeling aggrieved by his conviction the appellant-accused filed this appeal challenging the trial Courts judgment of conviction.
(2.) THE prosecution case, briefly stated, is that on 16th September, 1997 at about 10.45 p.m. appellant-accused Jaibir brought a mentally retarded girl to the Tefla restaurant in JNU Campus where he ordered food for himself and the girl and while eating food he started lifting the frock of the girl with his foot. After having dinner Jaibeer took her towards the bushes near the Open Air Theatre where he pushed that girl on the bushes and as per the FIR he "tried to force himself sexually upon her". All that was witnessed by four persons and they managed to catch hold of the appellant- accused Jaibeer at the spot itself.
(3.) TO prove its case the prosecution examined fifteen witnesses. In their statements under Section 313 Cr.P.C. all the three accused persons had claimed that they were innocent and had been falsely implicated. No evidence had been adduced by any of the accused.