MOHD HUSAIN @ SONU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Yogesh Pandey Advocate for the appellant and Mr. Amit Kapri, Brief Holder for the State.

(2.) The present appeal arises out of the judgment and order dated 29.04.2008 passed by the then Sessions Judge, Champawat in Sessions Trial No.11/2006, whereby the appellant i.e. Mohd. Husain @ Sonu was convicted under Section 354 I.P.C. and sentenced to undergo rigorous imprisonment for two years and a fine of Rs.10,000/-. In default of payment of fine, the appellant has to further undergo simple imprisonment for six months. However, the appellant was acquitted from the charges punishable under Sections 376/511, 504 & 506 (2) I.P.C.

(3.) Brief facts of the prosecution case are that an F.I.R. was lodged on 05.03.2006 at 7AM at police station Lohaghat, Champawat by one Harish Chandra, the father of the prosecutrix alleging that in the morning at 7AM he went to the barber shop of Mohd. Husain for a hair cut of his daughter, who was 9 years of age, and left her there and went away. The accused while hair cutting of the prosecutrix opened "Naada" (strip) of her 'Salwar' and tried to touch her private parts, as a result she cried and ran to her house and narrated the entire incident to her mother, who in turn informed the matter to her father. Thereafter, the father went to the shop of accused and confronted him as to what he has done with his daughter. The accused threatened them with dire consequences. Thereafter, he lodged the report.