AJIT SINGH Vs. STATE

JUDGEMENT

(1.) Present revision petition has been preferred by the petitioner-Ajit Singh to challenge the legality and correctness of an order dated 18.11.2014 of learned Additional Sessions Judge in Crl.A.No.14/2 by which the findings of the learned Trial Court recorded by a judgment dated 19.12.2013 convicting the petitioner for commission of offence under Sections 323 / 354 IPC were confirmed. The Trial Court had sentenced the petitioner to undergo simple imprisonment for one year with fine Rs.1,000/-. In appeal the substantive sentence was modified and reduced to simple imprisonment for six months with fine Rs.25,000/-. The revision petition is contested by the respondent.

(2.) Learned counsel for the petitioner urged that the Trial Court did not appreciate the evidence in its true and proper perspective. There was not enough material before the trial court to base conviction under Sections 323 / 354 IPC. The victim's statement was not corroborated by any independent evidence; even her father did not support her version. As per the information conveyed to the police, initially a quarrel had taken place at the spot. The statement of the prosecutrix does not inspire confidence as her husband and children present in the house did not intervene; they were not cited as witnesses. The complaint against the petitioner was motivated to avoid payment of Rs.20,000/- borrowed by the complainant from the petitioner's wife.

(3.) Learned Additional Public Prosecutor urged that the petitioner's conviction is based upon fair appreciation of evidence by the courts below and no interference is called for.