BIRBAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Tersely, the facts and material, which need a necessary mention for the limited purpose of deciding the instant revision petition and emanating from the record, are that in the wake of complaint of complainant-married victim (name withheld), a criminal case was registered against the petitioner-convict for outraging her modesty, vide FIR No.1633 dated 10.9.1997, on accusation of having committed the offences punishable under sections 354, 451 and 457 IPC by the police of Police Station Sadar, Gurgaon.

(2.) Having completed all the codal formalities and taking into consideration the oral as well as documentary evidence brought on record by the prosecution, the trial Court convicted & sentenced the petitionerconvict to undergo rigorous imprisonment for a period of one year for the commission of offence punishable under section 354 IPC, to undergo RI for a period of six months and to pay a fine of Rs. 1000/- under section 451 IPC, by way of impugned judgment of conviction dated 20.8.2004 and order of sentence dated 21.8.2004.

(3.) Aggrieved by the impugned judgment of conviction and order of sentence, the petitioner-convict filed the appeal. However, the appellate Court affirmed the judgment of conviction and reduced the sentence of imprisonment of one year to six months, to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo further simple imprisonment for a period of one month under section 354 IPC. To undergo RI for a period of four months instead of six months, to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo further simple imprisonment for a period of one month under section 451 IPC, by means of impugned judgment dated 2.9.2006.