ABID ALI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The nominal roll of the petitioner has been received. The same is taken on record.

(2.) The petitioner impugns order dated 19.08.2017 passed by the appellate court whereby the appellate court while confirming the judgment on conviction dated 15.12017) modified the order on sentence dated 14.12014 of the trial court by reducing the sentence awarded to the petitioner to undergo Rigorous Imprisonment (RI) for a period of one years (reduced from two years) with fine of Rs. 10,000/- and in default to undergo simple imprisonment for two months (reduced from four months) for the offence committed under Section 354 IPC and further convicted to undergo sentence of simple imprisonment for a period of three months under Section 506 IPC.

(3.) The allegations against the petitioner are that the complainant visited the petitioner, who is a Tantrik, in relation to the work related problem of her husband. The complainant visited the petitioner along with her husband for performing "Jhada ponchhi" (some for form of magic). It is alleged that the petitioner put a black dupatta on the complainant and misbehaved with her. At the time when the petitioner misbehaved with the complainant, the husband was asked to wait outside. The complainant thereafter immediately reported the matter to her husband and along with him approached a PCR van parked near the house of the petitioner, consequent to which the petitioner was arrested and the subject FIR registered.