MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Revision Petition has been filed by the sole accused in C.C. 416/2006 on the file of the Judicial First Class Magistrate, Alalthur. He was tried for the offence under S. 354 I.P.C. The accusation was that he outraged the modesty of P.W. 2, who was a passenger in his auto -rickshaw at about 6.15 p.m. on 8.10.2006. The learned Magistrate relied on her testimony and convicted him of the offence and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5000/ - with a default clause. In the appeal, the learned Sessions Judge confirmed the conviction, but modified the sentence. The sentence was reduced to rigorous imprisonment for nine months. The direction to pay fine was dropped; instead, the learned Sessions Judge directed the revision petitioner to pay compensation of Rs. 10,000/ - with a default clause.

(2.) HEARD the learned counsel for the petitioner and the learned Public Prosecutor.

(3.) P .W. 2 was allegedly taken to the Government Hospital, Nenmara, where she was given first aid. Thereafter, she was admitted to Crescent Hospital, Alathur. Ext. P8 is the certificate issued from the Hospital. The doctor who prepared the wound certificate was not available for examination. So it was marked through another doctor. The certificate shows that she sustained lacerated injuries on the left side of the forehead and on the chin. She had multiple abrasions over the hands and other parts of the body. She lost the upper central incisor on the right upper jaw.