JATINDER KUMAR ALIAS JINDU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Jatinder Kumar alias Jindu has filed this revision petition against State of Punjab under Section 401 Cr.P.C. challenging the judgment dated 20.12.2013 passed by learned Addl. Sessions Judge, Amritsar vide which the appeal filed by petitioner against the judgment/order dated 04.08.2012 passed by learned Judicial Magistrate Ist Class, Amritsar, convicting and sentencing the petitioner to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 500/ - and in default of payment of fine, to further undergo simple imprisonment for a period of seven days under Section 294 IPC and to further undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/ - and in default of payment of fine, to further undergo simple imprisonment for a period of ten days under Section 354 IPC, was partly allowed and the petitioner was acquitted under Section 294 IPC and sentence under Section 354 IPC was modified by reducing it from one year to nine months without making any change in the sentence of fine imposed under this Section.

(2.) THE brief facts as noted in the judgment passed by Appellate Court are that instant case was registered on the statement of Mamta Devi in which she stated that she is a teacher and accused Jatinder Kumar alias Jindu is her neighbour. When she used to go to school in the morning, the accused did obscene act and misbehaved with her. On 10.09.2008, Jatinder Kumar physically abused her. She raised alarm as a result of which Jatinder Kumar ran away from the spot. She narrated the above -said incident to her parents and they approached the police authorities to lodge the complaint.

(3.) AT the time of issuance of notice of motion, learned counsel for the petitioner did not dispute the concurrent findings of the Courts below regarding conviction and he only prayed for reduction of the sentence. Hence, the notice of motion was issued only qua quantum of sentence.