DEVENDRA IN JAIL Vs. STATE

JUDGEMENT

(1.) Revisionist Devendra has challenged his conviction under Section 354/324, I.P.C. and imposed sentences of one year R.I. with Rs. 5,000 fine for each of the offences recorded by Additional Sessions Judge, Court No. 14 Aligarh, vide impugned judgment and order dated 10.6.2011, passed in Criminal Appeal No. 107 of 2009, Devendra v. State of U. P., in the instant revision. Lower appellate court had also ordered that both the sentences shall run concurrently and period of incarceration undergone by the appellant shall be counted while calculating entire period of imprisonment undergone by the revisionist.

(2.) Unfolded prosecution allegations as was levelled in the written report Ex. Ka-1, coupled with chick F.I.R. Ex. Ka-5 by the informant P.W. 1 Smt. Maya Devi w/o Sheo Kumar Kori, were that on 26.4.2000, at 5 a.m., when she (informant P.W.1) was going to attend nature's call, revisionist molested her by cuddling her from behind and then gave a teeth bite on her left cheek. Raised alarm by the informant victim attracted Ram Kali w/o Ant Ram and Maha Devi w/o Manak Chandra at the spot and the three ladies chivalrously apprehended revisionist at the spot and brought him to informant's house, where victim informant narrated entire episode to her husband Sheo Kumar, who then scribed informant's F.I.R., Ex. Ka-1, at her dictation and then the spouses with the help of Irshad brought the revisionist to police station Turkman Gate, district Aligarh, covering the distance of 2-1/2 kms., where informant lodged her F.I.R. the same day at 7.30 a.m.

(3.) P.W. 5 Constable Banwari Lal registered, Ex. Ka-1, by preparing Chick F.I.R. Ex. Ka- 5 and G.D. entry Ex. Ka- 6. Crime was investigated by Sub-Inspector Umed All, P.W. 3. who concluding it charge-sheeted the appellant vide Ex. Ka-3, on 30.4.2000, only for offences under Section 354/324, I.P.C.