JEEWAN Vs. STATE OF (GOVT OF NCT) DELHI

JUDGEMENT

(1.) Present revision petition has been preferred to challenge the legality and correctness of a judgment dated 30.11.2015 of learned Addl. Sessions Judge in Crl.A.No. 34/2014 by which conviction and sentence under Section 354 IPC awarded by the learned Metropolitan Magistrate vide orders dated 10.09.2014 and 22.09.2014 were upheld. The petitioner was awarded SI for one year with fine Rs. 500/- for commission of offence punishable under Section 354 IPC in case FIR No.533/2009 registered at PS Pandav Nagar.

(2.) Briefly stated, the prosecution case as set up in the charge-sheet was that on 20.10.2009 at around 11.30 a.m. the petitioner outraged the modesty of the prosecutrix / complainant 'X' (changed name) when she visited Dr.Gulab Gupta's clinic at C-4/19, Main Patparganj, Acharya Niketan, Delhi. After recording victim's statement (Ex.PW-2/A), the Investigating Officer lodged First Information Report. Statements of the witnesses conversant with the facts were recorded. The accused was arrested. Upon completion of investigation, a charge-sheet was filed against the accused in the Court. The prosecution examined six witnesses to establish its case. In 313 Cr.P.C. statement, the petitioner denied his involvement in the crime and pleaded false implication. He examined DW-2 (Jitender Pal) besides appearing himself as DW-1 in defence. The Trial Court recorded conviction; appeal against conviction resulted in its dismissal.

(3.) I have heard the learned counsel for the parties and have examined the file. Admitted position is that the petitioner was working as a 'compounder' with PW-4 (Dr.Gulab Gupta) at his clinic at Mayur Vihar, infront of Sitla Mandir, Chilla Road, Acharya Niketan, Delhi on the day of incident i.e. 20.10.2009. The victim had visited the said clinic that day. It is also admitted that PW-4 (Dr.Gulab Gupta) was not available in the clinic that time.