PRITAM SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner challenges his conviction for offence under Section 354 IPC for assaulting, molesting and outraging the modesty of the prosecutrix, who at the relevant time was a student of 10th class.

(2.) The prosecution case was that on 15.1.2004 she was going to school. At around 8 AM in the morning when she reached the jungle near Kaligarh, she noticed that the accused was stalking her. He overtook her and stopped her after some distance. Thereafter he caught hold of the prosecutrix from both arms and pushed her to the ground. She tried to save herself and in the struggle her clothes especially her sweater was torn. She shouted for help but the petitioner gagged her mouth. She extricated his hand from her mouth after a brief struggle and shouted for help. Upon this, Lali Devi, who was cutting fuel wood at some distance, came and rescued her from the clutches of the petitioner.

(3.) The learned trial Court on the evidence on record convicted the petitioner for offence under Section 354 IPC and sentenced him to undergo simple imprisonment for six month and to pay a fine of Rs. 2,000/- and in default, to further undergo simple imprisonment for a period of one month. These findings/conviction were challenged by the petitioner in appeal. The learned Appellate Court on reappraisal of the entire record, affirmed the conviction and sentence of the petitioner.