RAJESH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED -petitioner Rajesh has directed the present revision petition against the judgment and order dated 05.02.2013 passed by Shri Ramendra Jain, the then learned Sessions Judge, Jind vide which the appeal preferred by accused against the judgment and order dated 13.09.2012 passed by Ms. Mona Singh, the then learned Judicial Magistrate Ist Class, Safidon vide which accused -petitioner stood convicted under Sections 354 and 452 of the Indian Penal Code (in short the IPC) and sentenced to undergo rigorous imprisonment for a period of one year under Section 354 of the IPC and to further to undergo rigorous imprisonment for a period of three years under Section 452 of the IPC, was dismised . Both the sentences were, however, ordered to be run concurrently.

(2.) THE story put forth by the prosecution in brief is that on 09.05.2011, prosecutrix aged 15 years a student of middle standard made a statement before the police that yesterday i.e. on 9.5.2011 her mother had gone to her parental house whereas her father had gone out for some work in the village. At about 9.30p.m. when she was alone in her house and was preparing food, accused Rajesh, their neighbourer came and all of a sudden gripping her took her in the room and switched off the bulb started molesting her with some bad intention. Her noise attracted her aunt Sunita and cousin Sonu and on seeing them, he hide himself in the fodder's room. Many villagers also came and taking benefit of the row, he fled away from the spot. Due to odd hours, they could not come to lodge the report. On the basis of which formal FIR was recorded. Site plan of the place of occurrence was prepared. Statements of the PWs were recorded. ccused was arrested. After completion of necessary investigation, challan against the accused was presented.

(3.) ON appearance of the accused, copies of documents were supplied to them free of costs. The trial Court framed charges under Sections 354 and 452, of the IPC against the accused to which the accused pleaded not guilty and claimed trial.