HOSHIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Hoshiar Singh son of Khem Chand, has assailed the judgment rendered by Additional Sessions Judge, Hisar, whereby he was held guilty of offence under Section 354 IPC and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-. In default of payment of fine, to further undergo simple imprisonment for two months.

(2.) The present appellant was named as accused in case FIR No. 256 dated 31.10.1995 registered at Police Station Uklana, under Sections 354, 506, 376 and 511 IPC.

(3.) FIR in the present case was lodged on the statement made by Rattan Singh. Statement of Rattan Singh was recorded in Daily Diary Register vide entry No. 4. Same was exhibited as Ex.PE. It was stated in the complaint that Hoshiar Singh, present appellant, used to tease wife of his son Purshotam in the path-way. Matter was reported to Khem Chand, father of the appellant, but he had not taken any action against his son. It was stated that Hoshiar Singh, appellant, had committed the mischief second time. Therefore, report was made to the police. Matter was investigated and report under Section 173 Cr.P.C. was submitted. On 3.4.1996, Court of Additional Sessions Judge, Hisar, framed the charge against the appellant that on 24.10.1995 in the area of village Naya Gaon, he assaulted Kailasho Devi wife of Purshotam, a woman with intention to outrage her modesty and thus, offence under Section 354 IPC was made out. The second charge was also framed against the appellant for offence under Section 376 IPC read with Section 511 IPC on the ground that appellant caught hold of Kailasho Devi and broke the string of her salwar. The appellant pleaded not guilty and claimed trial.