SUNNY Vs. S.I.POLICE

JUDGEMENT

(1.) The revision petitioner herein is the first accused in C.C.No.584 of 1997 of the Judicial First Class Magistrate's Court, Nadapuram.

(2.) He and nine others faced prosecution in the court below under Sections 342, 354, 323 and 506(i)IPC read with Section 34 IPC on the allegation that on 27.12.1996 they assaulted, intimidated and outraged the modesty of a girl aged 17 years at a running jeep at Karingad while the girl was travelling in the jeep with her family including her father and her sister. The police registered the crime on the complaint made by the girl, and submitted final report against ten accused in the trial court.

(3.) All the ten accused appeared before the learned Magistrate, and pleaded not guilty when the substance of the accusation was read over and explained to them. The prosecution examined eight witnesses, and proved Exts.P1 to P4 documents in the trial court. The accused denied the incriminating circumstances, and projected a defence of total denial, when examined under Section 313 Cr.P.C., 1973 They did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused Nos.2 to 10 not guilty of any offence, and accordingly they were acquitted. The first accused was found not guilty under Sections 342 and 323 IPC, but he was found guilty under Sections 354 and 506(i)IPC. On conviction, he was sentenced to undergo simple imprisonment for one year, and to pay a fine of Rs. 2,000/- under Section 354 IPC, and to undergo simple imprisonment for six months under Section 506(i) IPC.