HARENDRA SINGH @ HAR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred by the appellant u/s 374 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 23.08.2006 passed by learned Sessions Judge, Chamoli in Sessions Trial No.22 of 2005, whereby the Court below has convicted the appellant under Section 451 of the Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to undergo one year's R.I. with fine of Rs.2,000/- and in default of payment of fine, to undergo three months' additional simple imprisonment. However, the appellant was acquitted for the offence u/s 452 and 376/511 IPC.

(2.) Facts, in nutshell, are that PW1 Badar Singh submitted an application on 24.10.2004 to the with the averments that in the night of 23.10.2004 at about 9 PM, appellant entered in his house and tried to outrage the modesty of his daughter in law who resides alone in the room. On the alarm raised by her, complainant came out and saw the appellant in the room of his daughter in law.

(3.) The I.O. during the course of investigation, inspected the place of occurrence and prepared the site plan; and after completion of investigation, submitted the charge-sheet against the appellant.