LABH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Labh Singh has filed the instant revision petition challenging the judgment dated 1.6.2010 passed by learned Additional Sessions Judge, Kurukshetra, whereby the judgment of conviction dated 12.5.2009 passed by learned Sub Divisional Judicial Magistrate, Pehowa was maintained and appeal was dismissed.

(2.) Learned counsel for the petitioner contends that FIR No.137 dated 8.11.2015, under Sections 452, 354 and 506 IPC was registered against the petitioner. Thereafter, learned Magistrate vide judgment dated 12.5.2009 convicted the petitioner and vide order dated 13.5.2009 sentenced him as under :- <FRM>JUDGEMENT_333_LAWS(P&H)4_2016_1.html</FRM>

(3.) As per case of the prosecution, on 8.11.2015, ASI Teg Singh along with other police officials was present at bus stand Ismailabad, where complainant Karamjit Devi approached them and made a statement to the effect that she is resident of village Jakhwala, District Kurukshetra and a household lady. Her husband Sultan singh went to her house at Village Helva for some domestic work. On 7.11.2005 she was alone sleeping on the bed of her Chobara and waiting for her husband. Thereafter, at about 9.00 p.m. petitioner-accused Labh Singh came to her room through stairs and sat on her bed. He caught hold of her hand and fell down on her. He started pressing her breast by hand and bite her mouth. When she cried for help then Santro Devi and Jagu Ram came there. On seeing them the petitioner-accused fled away from the spot by pushing her. While going, the petitioneraccused threatened to kill her, if, she disclosed the incident to anybody. On the next day, when her husband came back, she narrated whole of the story to him. Accordingly, after recording the statement, the FIR was registered and accused was arrested. After completion of necessary investigation, challan was presented against the accused. Copies of the challan and other documents were supplied to the accused as required under Section 207 Cr.P.C. free of costs.