KULDIP SINGH AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners namely Kuldip Singh, Nanak Singh, Dharminder Singh and Gursewak Singh have filed the present revision petition challenging judgment dated 18.10.2006 passed by Sessions Judge, Amritsar vide which their conviction under section 354 of Indian Penal Code, 1860 (for short "the IPC") as recorded by the Judicial Magistrate II Class, Amritsar as well as the sentence of rigorous imprisonment for a period of one year along with fine to the tune or Rs. 250/- each as imposed upon them has been upheld.

(2.) The allegations in nut-shell are that the prosecutrix PW-2 Rupinder Kaur who was studying in class 8th in Government High School, Vallah used to go to her school daily on her bicycle and on 07.07.2000 when she was returning back home from her school at about 02:00 P.M. then she was waylaid on the way by the aforesaid four accused/petitioners. The petitioner Kuldip Singh had obstructed her with his bicycle as a result of which she fell down. The complainant has alleged that Nanak Singh touched her breasts and asked her to accompany them and offered to pay money to her. Gursewak Singh and Kuldip Singh allegedly pulled her cheeks and Dharminder Singh touched her buttocks. The prosecutrix, in an attempt to defend herself asked the accused whether they did not have any sister in their house to which they replied that their sisters were not like her. It is further, the case of the prosecution that Balbir Singh-PW-3 happened to pass through that area on bicycle and saw the accused teasing the prosecutrix and when he confronted them, the accused went away on their bicycles.

(3.) The prosecutrix on returning back home informed her parents and who deliberated over the matter and also talked to the guardians of the accused and efforts were made for a compromise but to no avail. Ultimately, on 09.07.2000 the prosecutrix along with her parents approached the Police Post, Vallah and her statement (Ex.PC) was recorded by PW-1 ASI Baljit Singh, on the basis of which FIR (Ex.PA/2) was recorded. The police conducted the requisite investigation, during the course of which the accused were sent up for trial in the Court of learned Judicial Magistrate, Amritsar, where charges were framed against the accused in respect of the offence under Section 354 of the IPC to which the accused pleaded not guilty.