MOHINDER Vs. STATE OF H P

JUDGEMENT

(1.) Petitioner challenges his conviction under Sections 452, 354 and 323 of the Indian Penal Code for which he has sentenced to undergo rigorous imprisonment for two years and fine of Rs.2,000 for offences under Section 452 I.P.C., rigorous imprisonment for one year and fine of Rs.2,000 for offences under Section 354 I.P.C. and simple imprisonment for six months and fine of Rs. 1,000 for offences under Section 323 I.P.C. This sentence and findings have been affirmed by the learned Addl. Sessions Judge.

(2.) The prosecution case in brief is that PW1 Bimla Devi, mother of the prosecutrix filed an application before the Police stating therein that her husband Puran Chand and elder son Ravinder Kumar were not in the village and was away in connection with his official work while for minor children including the prosecutrix were alone sleeping in the house. On 14.2.2001 at around 10 p.m. petitioner-accused broke open the window of her house, trespassed, assaulted and molested the prosecutrix and bit her on her chin. When she returned to the village next day on 15.2.2001, her children narrated the entire story to her whereupon she went to the Police Station and filed application with S.H.O. Police Station, Dharamshala on the basis of which F.I.R. Ext.PWl/A was registered under Sections 452 and 323 I.P.C.

(3.) Ten witnesses were examined by the prosecution in support of their case. The manner of trespass into the house was narrated as breaking open the window of the room and opening the bolt from inside. Thereafter the prosecution case is that the accused slept in the bed with the prosecutrix and bit her on the chin. She raised an alarm and the accused fled away from the scene of occurrence. The children also raised a hue and cry and narrated the entire incident to PW4 Smt. Pajjo Devi.