BALLU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present revision has been filed under section 397 read with 401 Cr.P.C. challenging the judgment and order dated 19.06.1992 passed by learned Judicial Magistrate II, Dehradun convicting the accused revisionist under 354 IPC and sentencing him to undergo six months simple imprisonment as well as judgment and order dated 01.02.1993 passed by First Additional Sessions Judge, Dehradun whereby the appeal of the accused revisionist against the aforesaid judgment of Judicial Magistrate has been dismissed.

(2.) Brief facts of the case are that on 24.11.1988 at about 7.30 a.m. when Smt. Naziran was coming back to her house after filling the water, the accused revisionist grasped from her back and made attempt to assault her sexually. She raised the alarm and unsuccessfully tried free herself. Thereafter, she thrown the vessel full of water on accused / revisionist. On this accused / revisionist started beating her. Meanwhile Rahmat and Anwar came at the place of occurrence and on seeing them the revisionist fled from the spot. The report of this incident was subsequently lodged by her husband Syeed. Case was registered against accused / revisionist. Police took up investigation and after completing the investigation ultimately chargesheet was filed against the revisionist.

(3.) After considering the submission learned counsel for the parties and after perusing the materials available on record learned Judicial Magistrate II, Dehradun convicted the accused revisionist vide his judgment and order dated 19.06.1992 as discussed above. Appeal of the accused revisionist against the aforesaid judgment and order was dismissed by First Additional Sessions Judge, Dehradun. Hence, this Revision.