SURAJ BHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is preferred by Suraj Bhan son of Pala Ram against the judgment of conviction dated 20.11.2003 rendered by Sh. J.R.Chauhan, the then Additional Sessions Judge, Kaithal whereby the appellant was convicted for committing an offence punishable under Section 354 of the Indian Penal Code (for short' IPC') and vide order dated 22.11.2003 he was sentenced to undergo imprisonment for a period of two years and to pay a fine of Rs.500/-. In default of payment of fine, he was required to further undergo rigorous imprisonment for three months.

(2.) This is a case in which the prosecutrix (name withheld) is of tender age of just six years. This crime has been committed by none else but the servant of the father of the prosecutrix. Initially, a case under Sections 376/511 of the IPC was registered against the appellant but the learned Trial Court held that the case under Sections 376/511 IPC is not established and thus, convicted the appellant for committing offence under Section 354 IPC.

(3.) Jagir Singh son of Kishan Singh, father of the prosecutrix had set the police machinery into motion on 16.01.2002 by narrating the sequence of events led to the commission of this Crime.