ROSHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Roshal Lal has filed the present revision petition challenging the judgment dated 7.8.2006 and order dated 8.8.2006, passed by the learned Chief Judicial Magistrate, Bhiwani, vide which he was convicted under Sections 342 and 377 of Indian Penal Code and was sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 200/ - for an offence punishable under Section 342 of Indian Penal Code and to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/ - for an offence under Section 377 of Indian Penal Code as well as the judgment dated 3.9.2010 passed by Additional Sessions Judge, who while affirming the findings of the learned Trial Court, dismissed the appeal.

(2.) THE factual matrix necessary for the disposal of this petition is that complainant -Bhim Singh moved a complaint against the accused -Roshan that on 13.8.2001 at about 10 -11.00 a.m. his son Monu was playing with children near his house. Upon hearing the voice of weeping of his son, he went towards the house of accused, upon seeing him, accused had fled away in the process of tightening the string of his Pajama after leaving his (complainant's) son in his house. On query, his son disclosed the tail of woes to him, that accused by calling him (Monu) has committed carnal intercourse upon him (Monu).

(3.) I have heard Mr. Hemen Aggarwal, learned Counsel for the Petitioner and Mr. Gaurav Dhir, DAG, Haryana and have also gone through the record.