SATISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal has been filed by Satish son of Hoshiar Singh against the judgment of conviction dated 31.7.2003 and order of sentence dated 2.8.2003 rendered by Additional Sessions Judge, Bhiwani whereby the appellant was convicted under Sec. 354 of IPC and sentenced to undergo simple imprisonment for one year besides fine of Rs. 1,000/ - and in default to undergo simple imprisonment for a period of three months. Initially, the FIR under Ss. 354, 376, 323, 511 IPC and Sec. 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act') was registered. The charges under Sec. 376/511 IPC and Sec. 3 of the Act were framed. On appraisal of evidence, the trial Court held that the prosecution has not been able to prove the charges under Ss. 376/511 IPC and Sec. 3 of the Act against the appellant. However, the appellant was held guilty under Sec. 354 IPC.

(2.) At the very outset, learned counsel appearing for the appellant submits that he does not wish to contest the appeal on merits and he wants to argue the case only with regard to the quantum of sentence.

(3.) I have given my thoughtful consideration to the arguments of learned counsel for the parties and have also gone through the records of the case.