VISHAL KUMAR PAL Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in the instant criminal appeal is the judgment and order dated 06.10.2012 passed by Additional Session Judge, (T.E.C.P. -4) Lucknow in Sessions Trial No. 683 of 2009, arising out of Case Crime No. 29 of 2009, Police Station Naka, District Lucknow, whereby the present appellant Vishal Kumar Pal was convicted for the offence under Section 354 IPC and was sentenced to undergo rigorous imprisonment for a period of 1 year and also with fine of Rs. 2,000/ - with default stipulation of additional imprisonment for a period of one month. However, the appellant was acquitted of the charges under Section 364 read with Section 511 IPC.

(2.) IN brief the facts of the instant case are that the victim was a student of Class 11. On 13.01.2009 at about 9.00 a.m. she was going on Tempo to her school. At about 9.45 a.m. when she reached near her school then the appellant reached there on a Scorpio and tried to outrage her modesty and also attempted to drag her into the "Scorpio". The brother and Uncle of the victim, who were coming on a motorcycle, also reached there and witnessed the occurrence. The appellant was apprehended on the spot. He was taken to police station and FIR of this case was lodged. Initially the FIR of this case was lodged under Section 354 IPC but during investigation, Section 364 read with 511 IPC was also added and after completing the investigation charge sheet, under the aforesaid sections, was filed.

(3.) THE case of the appellant was that he used to talk with the victim and the family members of the victim were against his relation with the victim and because of this they picked up the appellant from his house and brought to the police station and implicated him falsely in this case.