ANUPENDER Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner Anupender, by way of this revision petition preferred under Sec. 397 read with Sec. 401 of Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C.'] seeks setting aside of the judgment dtd. 19/4/2024 [hereafter 'impugned judgment'] passed by learned Additional Sessions Judge (FTSC)(RC), South West, Dwarka Courts, Delhi [hereafter 'the Appellate Court'] in Cr. Appeal No. 539/2019 titled 'Anupender vs. The State (NCT of Delhi)', as well as judgment dtd. 19/11/2019, and order on sentence dtd. 22/11/2019 passed by the learned Metropolitan Magistrate, South West District, Dwarka Courts, Delhi [hereafter 'the Trial Court'] in case arising out of FIR No. 956/2015, registered at Police Station Vikaspuri, Delhi on 6/10/2015, for offence punishable under Ss. 354/509 of the Indian Penal Code, 1860 [hereafter 'IPC'] .

(2.) Briefly stated, the facts of the present case are that on 6/10/2015 at around 2:30 pm, the complainant had boarded a bus vide route No. 817 from Khaira Mor to District Centre. It is alleged that when the bus had reached Dausa stand, the petitioner herein had boarded the bus. The complainant was sitting on the ladies seat inside the bus and the petitioner had sit just on the right side of the complainant, on men's seat. While the bus had just moved a little distance, the petitioner, had started making gestures towards the complainant, but the complainant had asked him to not do any such acts. However, the petitioner had listened to her and had rather started winking at the complainant, upon which the complainant had got angry and had slapped the petitioner, when the bus had reached near Dhauli Pyaau, at about 3:30 pm. Thereafter, a person from the public had asked the petitioner to leave the spot. When the seats had got empty, the petitioner had again come and sat on the seat next to the complainant. The same person from the public, had again asked the petitioner to get up from the seat and in the meantime, the petitioner had got up and sat on the other seat. It is further alleged that when the bus had reached near Janakpuri west metro station, the complainant had got up to get-off the bus, the petitioner had also followed her and caught the complainant and started kissing her on her lips. Even after repeated efforts of the complainant, the petitioner had not left her, and thereafter, the members of public had caught hold of the petitioner and had taken him away. They had thereafter beaten the petitioner, whose name on being asked by the public came to be known as Anupinder. The complainant and one another person namely Sukhbir Sharma had brought the petitioner to P.S. Vikaspuri, Delhi, and had handed him over to the police. On the basis of the written complaint of the complainant, the present FIR was registered, and the petitioner was arrested.

(3.) After completion of investigation, the chargesheet in this case was filed before the concerned Court and the charges were framed against the petitioner for offences under Ss. 354/509 of the IPC. The learned Trial Court, after the conclusion of trial, had found the petitioner guilty and had accordingly convicted him. The relevant extract of judgment dtd. 19/11/2019 passed by the learned Trial Court is set out below: