SANEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER was convicted by the learned Magistrate for offence punishable under Sec. 509 IPC and he was sentenced to undergo S.I. for three months and to pay Rs. 1,000/ - as fine. He was acquitted of the offences under Secs. 294(b) and 506(i) IPC. His appeal was dismissed by the court below.

(2.) LEARNED counsel for the revision petitioner attacks the concurrent finding entered by the court below. The evidence given by PW1, the girl who was then studying in 7th standard was carefully examined by the learned Magistrate and also by the learned Sessions Judge. The evidence so given by PW1 was corroborated by PW2, her mother. The allegation is that the accused showed gestures which was intruding into the privacy of PW1. The allegation is that he did so with an intention to insult the modesty of PW1. The evidence would show that the accused showed such gestures on previous occasions also. Both courts below have analysed the evidence and found that the ingredients of Sec. 509 IPC are fully established. I find no reason to hold otherwise. Hence, the conviction is confirmed. Learned counsel for the revision petitioner submits that the incident took place at a time when the accused was aged about 20 -21 years. He may not have attained that much maturity of understanding at that time and that sending the petitioner to jail would affect his career. Learned counsel further submits that the petitioner has learnt a lesson by this time and so jail sentence may be avoided. Considering all the aspects, the sentence can be modified.