UMESHWARI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has filed the instant revision to challenge the concurrent findings of conviction recorded by Courts below for offence under Section 354 of Indian Penal Code (IPC) and imposition of sentence of one year rigorous imprisonment with fine of Rs. 500/ -. The facts may be narrated briefly: -

(2.) WHILE PW -1 was talking to the petitioner at about 10.00 a.m. that the petitioner held the prosecutrix and embraced her. The petitioner held her breasts and tried to kiss her. The petitioner remarked that the prosecutrix should agree to his demand and he would arrange thousands of policies for her. PW -1 objected to these advances and tried to save herself. The petitioner held her from her right leg. The prosecutrix kicked him away and came down in the street and started shouting. She then came to her house and informed about the incident to her husband telephonically, who had gone to Jalandhar for some personal work. After her husband returned home, they proceeded towards the police station to report the matter, that in the way the police party headed by ASI Shiv Nath met them. Ex. P1 the statement of prosecutrix was recorded by the ASI at about 7.10 p.m. on the same day and formal FIR was registered. On completion of investigation charge -sheet against the petitioner was presented.

(3.) IN his examination under Section 313 Cr.P.C. the petitioner denied all the incriminating circumstances appearing in evidence against him and pleaded false implication. In defence the petitioner examined his wife as DW -1.