LAWS(P&H)-1995-8-88

BIJENDER Vs. STATE OF HARYANA

Decided On August 28, 1995
BIJENDER Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) PETITION is directed against the judgment dated 12th December, 1992 passed by the learned Judicial Magistrate I Class, Gurgaon and judgment dated 20th July, 1995 passed by the learned Additional Sessions Judge, Gurgaon. The learned trial court vide his judgment dated 12th September, 1992 had convicted the petitioner under section 354 of the Indian Penal Code (in short 'the Code') and sentenced the petitioner to undergo RI for two years and imposed fine of Rs. 5000/- out of which Rs. 4500/- is to be paid to the complainant Maya Devi in the form of compensation. The appeal filed by the petitioner against the said judgment was dismissed by the learned Additional Sessions Judge, Gurgaon vide judgment dated 20th July, 1995, but the sentence awarded to the petitioner was reduced from RI for two years to RI for a period of one year. Notice of this petition was issued to the Advocate General, Haryana on 28th July, 1995 but the notice was limited on the quantum of sentence only.

(2.) THE learned counsel for the petitioner seeks permission of the court to bring on record affidavit of the father of the petitioner alongwith annexures in support of his submission that the petitioner was below 21 years of age on the date of the occurrence. Permission is granted and the petitioner is permitted to bring on record the aforesaid documents.

(3.) THE learned AAG, Haryana, however, submitted that the case of the petitioner is distinguishable from the facts of the case in Bhag Singh (supra) as in the present case, the petitioner is also alleged to have broken the string of salwar of the prosecutrix. I have given my thoughtful consideration to the submissions made by the learned counsel for the parties and have perused the record.