SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present revision petition has been filed against the judgment dated 21.09.2013 passed by learned Sessions Judge, Karnal dismissing the appeal filed by the present petitioner -convict against the judgment of conviction dated 18.08.2011 and order of sentence dated 19.08.2011 passed by learned Judicial Magistrate 1st Class, Karnal vide which the petitioner was convicted for the offences punishable under Sections 354, 452 and 506 of Indian Penal Code (for short 'IPC') and sentenced to undergo one year simple imprisonment and to pay a fine of Rs.5000/ - for commission of offence punishable under Section 354 of IPC; to undergo two years simple imprisonment and to pay a fine of Rs.5000/ - for commission of offence punishable under Section 452 of IPC and to undergo one year simple imprisonment for commission of offence punishable under Section 506 of IPC, except that sentence of imprisonment for offence under Section 452 IPC was reduced to one year.

(2.) I have heard learned counsel for the parties and have gone through the whole record including both the judgments rendered by the Courts below. Briefly stated, case of prosecution is that complainant is a housewife having two children. On the night intervening 19.06.2009 she was sleeping in her house alongwith her children in a room and her husband was sleeping outside the room in courtyard. At about 1.30 a.m. petitioner -convict came to her house and entered her room. He bolted the room from inside and forcibly outraged her modesty and when she raised hue and cry, he ran away.

(3.) IT was stated by learned counsel for the petitioner -convict at the time of issuing notice of motion that he did not want to press the present revision petition so far as the judgment of conviction as passed by learned trial Court and as affirmed by learned appellate Court is concerned. However, he contended that sentence awarded to him was on higher side. Hence, notice of motion was issued qua quantum of sentence only.