GURVINDER KAUR Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) RESPONDENT No. 2 was convicted under Sections 294 and 451 of the Indian Penal Code in FIR No. 4 dated 10.1.2002 registered at Police Station Payal District Ludhiana vide judgment dated 9.8.2005 by the Judicial Magistrate, Ist Class, Ludhiana. Vide order of the even date, he (respondent No. 2) was sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs. 1,000/ - under Section 451 IPC and he was further sentenced with a fine of Rs. 2,000/ - under Section 294 IPC. Aggrieved by the same, respondent No. 2 preferred an appeal and he was acquitted vide judgment dated 14.8.2008 passed by the Additional Sessions Judge, Ludhiana. Hence, Gurvinder Kaur -complainant has filed the present revision petition.

(2.) THE case of the prosecution, as noticed by the Appellate Court in para Nos. 2 to 4 of its judgment, is reproduced herein below:

(3.) THE alleged incident had taken place in the evening of 6.1.2002. As per the case of the complainant Gurvinder Kaur, respondent No. 2 entered her house in the absence of her husband and gave her Rs. 1,100/ -, which he owed to her husband for purchase of food articles on credit. While the complainant was counting the money, respondent No. 2 handed over an envelop containing a letter to her along with her photograph. When the complainant read the contents after respondent No. 2 had left, she found that it contained obscene material with her photograph fixed at one end.