BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Balwinder Singh was convicted by Sub Divisional Judicial Magistrate, Tarn Taran, vide his judgment dated 19th November, 1986 under sections 452 and -354 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for two years with a fine of Rs. 500/ - on first count and rigorous imprisonment for one. year with a fine of Rs. 200/ - on second count. The appeal preferred by him was dismissed by Sessions Judge, Amritsar, vide his judgment dated 11th March, 1987. although the sentences were modified to nine months, R.I. and a fine of Rs. 200/ - or in default to undergo further rigorous imprisonment for one month on each count. Against that judgment Balwinder Singh has filed instant revision.

(2.) IT has been held by courts below that Balwinder Singh trespassed into the house of Sucha Singh by scaling over the wall taking advantage of his absence as well as that of his son Kewal Singh and caught hold of Joginder Pal from her arms and started kissing her. Harinder elder sister of Joginder Pal, was also present by her side in the veranda and she Was taken care of by co -accused Swinder Singh alias Chhinda, who had a datar with him. Noise created by the girls attracted their brother and cousin who effected entry by calling over the wall at which revision petitioner Balwinder Singh and his partner, who is still a proclaimed officer managed to escape. The contention is supported by Joginder Pal a young girl of 13 years, through unshaken testimony. Also it is a matter of common knowledge that normally no woman would make false allegation involving tier character or honour. Kewal Singh brother of the girl, too would not have done so and when hee has also supported the contention. his testimony deserves great probative value. No incorrectness illegality or impropriety could be pointed out in any of the findings and perhaps realising the above referred to situation, counsel for the revision petitioner has simply prayed for reduction in sentence. He has not challenged on merits.

(3.) KEEPING in view the various circumstances of the case and the part played by petitioner Balwinder Singh, who did not carry any weapon with him, I am of the opinion, that rigorous imprisonment for six months and a fine of Rs. 100/ - or indefault to further undergo rigorous imprisonment for one month on each count with a direction that substantive sentences shall run concurrently shall meet the ends of justice. The sentence is modified accordingly and but for this modification, the revision petition is dismissed.