BAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BAGH Singh was convicted under Section 354, I. P. C. on 29th April, 1974, and was sentenced to undergo six months rigorous imprisonment on 28th May. 1974 by the Judicial Magistrate 1st Class, Muktsar (Shri Manmohan Singh Ahluwalia ). He preferred an appeal against the said conviction and sentence, but the same was dismissed by the learned Sessions Judge, Faridkot vide his judgment dated 5th March, 1975, by holding that the convict, as found by the trial Court, did not deserve to be dealt with under Section 4 read with Section 6 of the Probation of Offenders Act, 1958 (hereinafter referred to as the Act ). Bagh Singh has now come up to this Court in revision against his conviction and sentence.

(2.) BRIEFLY, the facts of the case are that on 8th November, 1973 at about sunset, Mst. Marro (P, W. 1), a Harijan lady, aged about 40 years, was returning from the fields with a bundle of green fodder on her head. When she came near an uninhabited room of Dharam Singh, Bagh Singh petitioner, who was drunk and was standing in the pathway, started speaking untoward language in an incoherent manner. Mst. Marro requested him to leave the passage for her, but he paid little heed and instead started grappling with her. He tore off the clothes of Mst. Marro and made an attempt to molest her. She raised an alarm. Inder Singh and Gurdev Singh came from the neighbouring fields and they rescued her from the clutches of the accused petitioner.

(3.) ON the complaint (Exhibit P-A) made by Mst. Marro, the case was registered against the accused petitioner. After the completion of investigation, he was challaned and was convicted and sentenced as mentioned above by the Judicial Magistrate. An appeal filed against his conviction and sentence was dismissed by the learned Sessions Judge Thereafter he filed this revision petition which was admitted vide order dated 17th March, 1975 as regards sentence only.