BABLOO Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was convicted and sentenced to undergo rigorous imprisonment for a period of 11/2 years along with fine of Rs.2000/- for commission of offence under Section 354 IPC. In default of payment of fine, he was to further undergo simple imprisonment for a period of 1 month. Fine was depoisted. The appeal preferred by the appellant was also dismissed. This revision has been filed assailing both the judgments/orders.

(2.) Before refering to the submissions with respect to the sentence part, it is necessary to notice few facts. The complainant's daughter had gone to fetch milk on 02.01.2012 at 6:30 PM, the accused caught hold of her and dragged her to the hospital, which is near the milk booth and outraged her modesty. The victim was accompanied by the younger sister. Both the girls cried for help and in the commotion Bablu managed to flee. The incident was narrated to the family and they approached the Sarpanch who promised to handle it the next day but no action was taken. On the next day, the complainant came across Babloo and an altercation ensued and Babloo called 5 6 other persons who abused the complainant and his wife and threatened that if the incident was reported they would be done to death. The matter was reported to the police and FIR was registered under Section 354 IPC. The trial commenced and the prosecution examined the victim, her parents, the police officials and the youger sister of the victim.

(3.) The accused pleaded false implication and examined witnesses vouching for his character. Rajesh Kumar DW-4 had attested the affidavit stated to be given by the complainant.