DILBAGH SINGH ALIAS BAGGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS revision petition is directed against the judgment, dated 22.01.02, rendered by the Court of Additional Sessions Judge, Amritsar, vide which, it partly accepted the appeal, against the judgment of conviction and order of sentence, dated 20.05.98, rendered by the Court of Judicial Magistrate 1st Class, Tarn Taran, by reducing the substantive sentence, awarded to the accused, for the offences, punishable under Sections 354 and 452 of the Indian Penal Code. However, the sentence of fine and in default of payment of fine, was maintained.

(2.) ON 04.02.97, Sharnjit Kaur, prosecutrix, was present in her house. Her father had gone to purchase household articles, from a shop. Her mother had already expired. Her brother was a truck driver. At about, 7.00 PM, on that day, when she was all alone in her house, Dilbagh Singh @ Bagga son of Ajit Singh, resident of village Buregil, entered the same and tried to push her inside by holding her arms. She, however, got herself freed, from the clutches of the accused (now revision-petitioner) and ran to the roof of the house. She raised alarm, as a result whereof, Gurmej Singh son of Mohan Singh, was attracted and witnessed the entire occurrence. Thereafter, Dilbagh Singh @ Bagga, ran away. After sometime, the father of the prosecutrix came back, and she narrated the entire occurrence to him. On the basis of the statement, made by the prosecutrix, the First Information Report, was registered. The accused was arrested. After the completion of investigation, he was challaned.

(3.) THE prosecution, in support of its case, examined Sharnjit Kaur, prosecutrix (PW1), Gurmej Singh, an eye-witness (PW2), and Devinder Singh, Assistant Sub-Inspector (PW3). Thereafter, the Additional Public Prosecutor, for the State, closed the prosecution evidence.