UDAI BEER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant has challenged the judgment and order of conviction finding him guilty for the offence of Section 352 IPC, wherefor he was sentenced to pay the fine of Rs. 250/- only. In default of payment of fine, he was directed to undergo one month's imprisonment. The appellant was tried in the Sessions Trial No. 28/2001 for the offence of Section 377/511 IPC in addition to Section 3(1)(iii) and 3(2)(v) of the SC/ST Act, PS Sitarganj, District Udham Singh Nagar, but the trial culminated into finding him guilty for the offence as stated above.

(2.) Appellant is a police constable and he was residing in the precincts of Police Station Sitarganj accommodating a number of police officials there. The informant, father of the victim, was also posted at Police Station Sitarganj at the time of incident, but he was under transfer and was availing his joining time. On 29.7.1997, at about 8.45 PM, when his minor son Amit Kumar, aged about 13 years, went outside the house to fetch the clothes from the washerman, he was persuaded by the appellant to accompany him at some pretext. Appellant succeeded to carry him to the room of his companion Head Constable Chandra Pal Singh, where the occupant was not there. The appellant sat on the chair and made to sit this teen boy on his thigh. He began to molest him by way of biting his cheeks. Somehow, the boy could jettison from the clutches of the appellant and escaped from there. He disclosed the entire incident to his father, who lodged the First Information Report. The investigation culminated into submission of the chargesheet against the accused for the offences wherefor the trial proceeded, but he was found guilty by the learned Trial Judge as aforementioned.

(3.) I have heard learned Counsel for the appellant as well as the State Counsel.