ASHISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present revision petition is directed against the judgment of conviction dated 20.07.2016 and order of sentence dated 21.07.2016 passed by learned Additional Chief Judicial Magistrate, Gurugram vide which the petitioner was convicted and sentenced as under:-

(2.) The petitioner preferred an appeal and learned Additional Sessions Judge, Gurugram, while acquitting the petitioner for the offences punishable under Sections 170 and 406 IPC, modified the judgment of conviction and order of sentence and was convicted and sentenced the present petitioner as under:-

(3.) Facts relevant for the purpose of decision of the present revision petition; that on 16.08.2014, a complaint was received from the office of Police Commissioner, Gurugram against petitioner, Ashish and his wife, Simmi regarding cheating and criminal intimidation. Complainant, Ashok Kumar Aggarwal was running a medical store business in the name of 'Shri Shyam Medicos' in Sector 57, Gurugram. Simmi (wife of the present petitioner) used to purchase medicines from him since 2011 and whenever she used to visit the shop, she was being escorted by a gun man and was having a vehicle with Red Beacon on the same and that process continued for 2-3 years. She used to disclose her identity as a wife of the Judge of this Court. On certain dates, petitioner, Ashish also used to visit the shop and intimacy between the present petitioner and the complainant developed.