RAJENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this common order, I intend to dispose of CRR No.5082 of 2015 and CRR No.11 of 2016, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CRR No.5082 of 2015.

(2.) The petitioner(s) prays for setting-aside the judgment dtd. 25/8/2014, passed by learned Judicial Magistrate Ist Class, Rohtak vide which they were convicted under Ss. 294 and 357 of the Indian Penal Code, 1860 (in short 'IPC') and were sentenced to undergo rigorous imprisonment for a period of 06 months and to pay a fine of Rs.3000.00 (Rs.1500.00 each), as well as the judgment dtd. 22/12/2015, passed by learned Additional Sessions Judge, Rohtak dismissing the appeal preferred by the petitioner(s) against the judgment of conviction and order of sentence dtd. 25/8/2014.

(3.) As per the prosecution case, the complainant-Babita Sharma was employed as teacher in Government Senior Secondary School, Sarai Ahmad Naseerpur. Both the petitioners-accused were also employed, as teachers in the same school. On 16/5/2008, the complainant presented an application (Ex.PW2/A) before the Deputy Superintendent of Police submitting therein that earlier she had made a complaint to the police against both the accused for their obscene acts and the threats extended by them to her, time and again. Thereafter, petitioner-Rajender Singh threatened to implicate her and her husband in a false case under the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and petitioner-Suresh started calling on her mobile phone and uttered obscene words while threatening to kill her. Not only that, he also harassed her mentally by making multiple calls a day on her mobile phone.