RAJESH KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) Present Revision Petition under Sec. 397/401 Crimial P.C. has been filed by the petitioner to impugn a judgment dated 1.12.2016 of learned Additional Sessions Judge in Crl.A.No. 204341/2016 whereby conviction and sentence recorded by the learned Metropolitan Magistrate by orders dated 23.12.2015 and 23.01.2016 were upheld. The petitioner had suffered conviction in case FIR No. 55/12 registered at Police Station Okhla for commission of offence punishable under Sections 341/354 IPC. He was sentenced to undergo Simple Imprisonment for six months under Sec. 354 Penal Code and to pay fine Rs. 5,000.00 under Sec. 341 IPC. The petition is contested by the State.

(2.) I have heard the learned counsel for the parties and have examined the file. The prosecutrix 'X' (changed name) and the petitioner were known to each other as they lived in the same vicinity. The victim was a school going child, aged about 15 years. Crime took place on 25.02012 at around 1.00 p.m. when the victim 'X' was on her way to home from school. When she arrived in a lane, the petitioner forcibly restrained her; pulled her inside his house; and attempted to kiss her. On her raising alarm and after getting herself released, 'X' managed to reach her residence. She informed her brother Mahesh about the incident who in turn called the police at 100.

(3.) DD No.11 came to be recorded at 1.27 p.m. at Police Post OIE Phase III, New Delhi, on that day. There is specific mention that some boys had teased the caller's sister. The investigation was assigned to SI Vinod Kumar who along with Ct. Amit went to the spot. After recording victim's statement (Ex.PW-1/A), FIR was lodged. In the complaint, the victim gave detailed account as to how and in what manner, her modesty was outraged. The petitioner was named in the FIR and specific role was assigned to him.