BAKSHISH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is directed against the judgment and order dated 06.09.2011 passed by the learned Additional Judicial Magistrate, Khatima, Udham Singh Nagar in Criminal Case No.342 of 2011 "Bakshish Singh Vs. State of Uttarakhand", whereby the revisionist has been convicted under Sections 354, 504 and 427 of IPC, and has been sentenced to undergo six months of rigorous imprisonment with a fine of Rs.1,000/- (Rupees One Thousand Only) under the aforesaid sections, with default stipulation. Against the order dated 06.09.2011, the revisionist filed an appeal before the Additional Sessions Judge, Khatima, Udham Singh Nagar in Criminal Appeal No.124 of 2011, which too has been dismissed vide order dated 12.09.2014. Hence, the present criminal revision before this Court.

(2.) Prosecution story in brief is that on 24.03.2009, the daughter of the complainant, (name withheld) at about 8:15 was going to "Guru Nanak Balika Inter College" for appearing in her Class 11th examination, near Primary School, Khmariya, the accused/revisionist Bakshish Singh misbehaved with victim and by holding her with a wrong intention torn her clothes and used filthy language against victim. When an alarm was raised by victim, Gurmej Singh and Gurmeet Singh saved her from the accused Bakshish Singh. The report of this incident, in the form of First Information Report was given to the Police Station Pratappur, Khatima, Udham Singh Nagar. After investigation, the Investigating Officer submitted the charge-sheet against the accused/revisionist under Sections 354, 504 and 427 of IPC before the court concerned. Thereafter the statement of the accused/revisionist was recorded under Section 313 of CrPC, in which he denied the guilt.

(3.) On denial of guilt, the prosecution got examined as many as five witnesses i.e. PW-1 (complainant), PW-2 (victim), PW-3 Gurmeet Singh S/o Bagh Singh, PW-4 Gurmej Singh and PW-5 S.I. Pooran Ram Angari.