GOPAL YADAV Vs. STATE (GNCT) DELHI

JUDGEMENT

(1.) Present revision petition has been filed by the petitioner to challenge the legality and correctness of a judgment dated 15.07.2014 of learned District & Sessions Judge in Crl.A.73/2013 by which petitioner's conviction under Section 354 IPC recorded by the learned Metropolitan Magistrate was upheld. Vide order dated 21.10.2013, learned Metropolitan Magistrate had convicted the petitioner for committing offence under Section 354 IPC and by an order dated 21.10.2013, he was sentenced to undergo RI for one year.

(2.) Allegations against the petitioner in nutshell as reflected in the charge -sheet were that on 31.07.2012 at about 03.00 p.m. Zakir Nagar, Okhla, New Delhi, he outraged the modesty of the prosecutrix 'X' (assumed name) aged around seven years. On the basis of a written comprehensive complaint (Ex.PW -2/A) lodged by victim's mother Rukhsar Begum on 31.07.2012, FIR was registered. The prosecutrix was medically examined; she recorded her 164 Cr.P.C. statement. Statements of the witnesses conversant with the facts were recorded. Upon completion of investigation, a charge -sheet was filed against the appellant. The prosecution examined four witnesses. In 313 Cr.P.C. statement, the petitioner denied his involvement in the crime and pleaded false implication. After hearing the learned Assistant Public Prosecutor and defence counsel, the Trial Court, by the judgment dated 21.10.2013 convicted the petitioner under Section 354 IPC. The appeal resulted in its dismissal. The instant revision petition has been filed to challenge both the orders.

(3.) During course of arguments, petitioner's counsel, on instructions, stated that findings of conviction are not being challenged. He, however, prayed to take lenient view as the petitioner is aged around 70 years and has remained in custody for sufficient duration. He is not a previous convict and has a small family to take care of.