SUBHASH SHARMA Vs. REKHA RANI ALIAS NIBHA RANI

JUDGEMENT

(1.) CHALLENGE in the present criminal revision petition filed by the petitioners, Subash Sharma and Mukesh Kumar, is to the judgment dated 13.01.2014 passed by the learned Additional Sessions Judge, Kurushetra, whereby the appeal filed by the petitioners and their coaccused challenging their conviction and sentence for the offences punishable under Sections 323 and 354 read with Section 34, IPC, recorded by the learned Chief Judicial Magistrate, Kurushetra, in a Complaint Case No.328 of 2008, was dismissed. Brief facts

(2.) BRIEF facts of the case are that respondent No.1 -complainant (name concealed) filed a complaint before the learned Area Judicial Magistrate alleging that she was running a vegetable shop in front of New Anaj Mandi, Ismailabad, on Ambala -Hisar road. On 07.05.2002, at about 10.00/10.30 P.M, when she was cooking meal then the petitioners along with their co -accused Rajesh Sharma and Raja alias Chochu, came in a Tata Sumo of white colour and entered into her shop. Petitioner Subash Sharma caught hold her hand and offered her Rs. 5,000/ - for spending a night with them and the said offer was also repeated by the other accused present there. The complainant refused to accept the offer and asked them not to behave in such a fashion but the petitioners and their co -accused threatened to kill the husband and the son of the complainant and tried to forcibly take her from there. Dheeraj, aged about 14 years, son of the complainant, who was also present in the shop, rushed to call his father from the nearby place where he was working. Raja, the co -accused of the petitioners, put his hand on the mouth whereas, another accused Rajesh gave a slap to the complainant. Petitioner Mukesh Kumar caught hold of her by hair while petitioner Subash tore her blouse and as such, the petitioner and their co -accused outraged the modesty of the complainant. While she was trying to save herself from the clutches of the petitioners and their co -accused, her bangles were broken. In the meantime, the son and the husband of the complainant reached there and on seeing them, the petitioners and their co -accused ran away from the spot with their vehicle. The complainant became unconscious and after regaining consciousness, she narrated the entire episode to her husband. Since it was too late in the night and the complainant and her family members were frightened, therefore, the matter was reported to the police on the next day i.e. 08.05.2002 but when no action was initiated against the petitioners and their co -accused, the complainant was constrained to move an application before the Senior Superintendent of Police, Kurushetra, and other higher authorities but of no consequence, rather the local police started pressurizing the complainant for effecting a compromise with the accused. Disappointed with the nonaction of the police, the complainant knocked at the door of the court by way of filing the complaint.

(3.) IN preliminary evidence, the complainant examined herself as PW -1 and produced her husband as PW -2. After recording of the preliminary evidence, the petitioners and their co -accused were summoned to face trial for the commission of offences punishable under Sections 323 and 354 read with Section 34, IPC, vide order dated 29.05.2002 by the then the learned Judicial Magistrate Ist Class, Kurushetra.