MOHD. FARHAN Vs. STATE

JUDGEMENT

(1.) The present revision petition has been filed by the revisionist U/s 397/401 read with Sec. 482 of the Code of Criminal Procedure, 1973 for setting-aside the impugned judgment dtd. 24/2/2020 passed by Ld. ASJ-02, Central District, Tis Hazari Court, Delhi vide which the appeal of the revisionist was dismissed and Order/Judgment dtd. 16/9/2019 and order on sentence dtd. 22/10/2019 passed by Ld. MM-01, Mahila Court, Central District, Tis Hazari Court, Delhi vide which the revisionist was convicted for the offences punishable U/s 341 and 354 IPC and sentenced to undergo rigorous imprisonment for a period of 01 year for the offence punishable U/s 354 IPC with fine of Rs.1000.00 and further sentenced to undergo simple imprisonment for a period of 01 month for the offence punishable U/s 341 IPC with fine of Rs.500.00.

(2.) Briefly stated, the facts of the case are that on 30/11/2015, a PCR call vide DD No. 31-A was received at PS Kamla Market and the same was entrusted to ASI Jagpal Singh. ASI Jagpal Singh alongwith staff reached at the spot i.e. in front of Gate of Zakir Hussain College, Delhi and met with complainant and her maternal aunt. ASI Jagpal Singh recorded the statement of the complainant, wherein, the complainant alleged that on 30/11/2015, she was going towards bus stand and when she reached in front of gate of Zakiar Hussain College, a boy namely Mohd. Farhan (revisionist herein) who was sitting already there on a motorcycle bearing registration No. DL-10-S 1677, stopped her and held her hand on which complainant tried to get her hand released but revisionist Mohd. Farhan used criminal force upon the complainant and hit her on the breast.

(3.) According to the complainant when she started shouting, Mohd. Farhan (present revisionist) ran away from the spot and left his motorcycle on the spot. Complainant further alleged that revisionist had also committed such offence earlier about 6 months ago but the matter was settled amicably due to intervention of family members and after that incident, Mohd. Farhan (present revisionist) did not stop and started stalking again.