BALOUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant revision petition is directed against the judgment dated 25.8.2014 passed by the learned Additional Sessions Judge, Sri Muktsar Sahib affirming the judgment of conviction and order of sentence dated 12.5.2011 passed by the Additional Chief Judicial Magistrate, Sri Muktsar Sahib, whereby the petitioner was convicted under Sections 353 and 332 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years and a fine of Rs. 1,000/ - under Section 353 of the Indian Penal Code and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/ - under Section 332 of the Indian Penal Code. In default of payment of fine, the petitioner was further directed to undergo rigorous imprisonment for a period of two months under both the sentences. The sentences were ordered to run concurrently.

(2.) BRIEF allegations against the petitioner were that lady ASI Jaswinder Kaur who was posted as Incharge, Women Cell in the Office of Senior Superintendent of Police, Sri Muktsar Sahib, was present on 30.6.2006 along with other police officials in connection with the investigation of case FIR No.128 dated 30.6.2006, under Sections 457/380 of the Indian Penal Code, Police Station Sri Muktsar Sahib registered against one Reshmi wife of Badal and during late evening hours, the present petitioner, who was serving as Sub Inspector in the Punjab Police and posted in Bathinda District and was already known to the complainant i.e. lady ASI Jaswinder Kaur, came present and started making enquiries and demanded release of the accused in the afore -noticed FIR. Upon complainant lady ASI Jaswinder Kaur refusing to oblige, the petitioner, who was stated to be under the influence of liquor, became infuriated and twisted her right arm and thereby obstructed her in the discharge of her public duties. Petitioner stands convicted for offence under Sections 353 and 332 of the Indian Penal Code by the trial Court and such conviction stands affirmed by the Appellate Court.

(3.) LEARNED counsel appearing for the petitioner, at the very outset, submits that he does not wish to press the instant revision petition so far as the conviction for offences under Sections 353 and 332 of the Indian Penal Code is concerned, but prays for a lenient view to be taken as regards sentence. It has been contended that the offence under Section 332 of the Indian Penal Code is punishable for a maximum imprisonment of three years and offence under Section 353 of the Indian Penal Code is punishable for maximum imprisonment of two years and as such, case of the petitioner may be considered for grant of benefit of probation under Section 360 of the Code of Criminal Procedure. Learned counsel further submits that the matter thereafter has even been compromised with complainant lady ASI Jaswinder Kaur.