DINESH CHAND SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed by Dinesh Chandra Sharma son of late Sita ram Sharma, resident of Mohalla Hayat nagar, P. S. Hayat Nagar, District Moradabad against the judgement and order dated 20-12-2006 passed by Sri Ashok Kumar, Addl. Sessions Judge, F. T. C. No. 3, Muradabad in S. T. No. 128 of 2006 (Crime No. 726 of 2005) whereby he found the appellant guilty and convicted him under Section 354 IPC and sentenced him to undergo rigorous imprisonment for one and half years.

(2.) BRIEF facts of the case are that a first information report Ex-ka-1 written by Khan suhail Azam was lodged by Dil Nawaz father of the prosecutrix at P. S. Hayatnagar, district Moradabad on 12-9-2005 at 1. 45 p. m. alleging that his daughter who was a student of Class IV in Shishu Shiksha niketan, run by accused was asked by the accused on 12-9-2005 at about 1 p. m. when the school closed for the day, to stay back as he wanted her to recite a lesson. When other students and teachers left the school, accused took the daughter of the informant inside the room at about 1 p. m. and started behaving indecently and also started opening her 'nara' forcibly. Her daughter was scared and she shouted loudly and on hearing the noise Mohd, Munawar son of maqbool Khan, Imtyaz son of Sazid Khan and others of Mohalla reached there and saw the incident and saved his daughter from dinesh Chandra Sharma accused.

(3.) CONSTABLE Daya Shanker, C. W.-1 was posted as constable clerk at P. S. Hayat Nagar on 12-9-2005. Written report was presented by Dil Nawaz and on that basis he prepared the check report Ex-ka-4. Case was registered in the General Diary at rapat No. 24 and its copy has been proved as Ex-ka-5. This witness has also stated that Sub-Inspector upendra Singh and constable returned to the police station along with accused at 3. 10 p. m. and entry was made in the General Diary at rapat No. 26. The witness proved the copy of the general diary ex-ka-6. He also proved the photocopies of the original General Diary no. 24 and 26 as Ex-ka-7 and Ex-ka8.