KISHAN CHAND Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) Crl.M. No. 3661 of 2008

(2.) THE affidavit (Annexure P -1) of Kishan Chand Petitioner and affidavit (Annexure P -2) of Sunita Rani complainant and the joint compromise deed (Annexure P -3) are taken on record.

(3.) F .I.R. for the offences under Section 354/342 and 506 IPC was registered on 25.5.1993 against the Petitioner at Police Station, Sector 39, Chandigarh on the complaint of Sunita Rani. It was alleged that the Petitioner on 12.5.1993 at about 11.00 a.m. in the area of House No. 2603, Sector 38, Chandigarh, wrongfully confined the complainant and her younger sister. He used criminal force to outrage the modesty of the complainant and also criminally intimidated her by threatening to kill her. It was stated by the complainant that she was residing at House No. 2603, Sector 38 -C, Chandigarh along with her parents. On 25.4.1993 her parents had gone to Gujrat. The complainant and her younger sister aged about 5/6 years, were residing in the house along with her brother Raju and his wife Poonam. On the last Wednesday prior to the Wednesday of the week in question at about 11 a.m., the complainant and her sister were alone in the house. At that time, the Petitioner who is brother by religion to her mother came to their house and the complainant asked her maternal uncle (Petitioner) as to whether he would have tea. He, however, declined. The Petitioner asked the complainant as to who were present in the house. She told him that her brother and sister -in -law had gone out in connection with some work and she along with her sister were alone at home. The Petitioner then asked the complainant to accompany him to his house. On refusal of the complainant, he caught hold of her from her arms and pushed her on the bed. Earlier to this he had bolted the door from inside. The Petitioner then started to outrage the modesty of the complainant. She raised an alarm , but he shut her mouth. Her sister started weeping. The complainant somehow was able to open the door and the accused ran away after opening of the door. The Petitioner, however, threatened that in case the complainant informed anyone about the incident, then it would bring bad name to her. In the evening, the complainant informed her sister -in -law Poonam about the entire incident, who went to the house of the Petitioner. But, he threatened her also. The matter was not reported to the Police as her parents were not at home and she was advised by persons of her community that the matter should be reported to the Police on the return of her parents.