SATISH KUMAR TULI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has been convicted and sentenced by both the Courts below for offences punishable under Sections 353, 354, 506 -I and 509 IPC. He has assailed judgment dated 6.1.2006 passed by learned Additional Sessions Judge, Solan in Criminal Appeal No. 3 -K/10 of 2005 affirming judgment dated 29.3.2005/4.4.2005 passed by Judicial Magistrate 1st Class, Kandaghat (Camp at Solan) in Criminal Case No. 1 -S/2 of 2000 sentencing the petitioner for simple imprisonment for six months for offence punishable under Section 353 IPC, rigorous imprisonment for six months for offence punishable under Section 354 IPC and fine of Rs. 1,000/ -. In default of payment of fine to undergo simple imprisonment for one month, simple imprisonment for three months for offence punishable under Section 506 -I IPC and simple imprisonment for three months for offence punishable under Section 509 IPC. The substantive sentences awarded to run concurrently. The sentence in case of non -payment of fine shall run independently.

(2.) THE prosecution case, in brief, is that PW -1 Harbans Rani got registered FIR Ex.PW -1/A. It has been alleged that PW -1 in March -April, 1996 read matrimonial advertisement given by the petitioner in 'Indian Express '. She gave her particulars to the petitioner, who started sending letters to her. The letters were not decent. The complainant opted to write a letter to petitioner through her mother not to trouble her. The petitioner despite this continued to send obscene letters to the petitioner.

(3.) IT has been alleged that on 9.9.1999 for obtaining favorable letter from the complainant, the petitioner reached the office of the complainant at about 2.30 p.m. and asked the complainant why she was not giving him the required letter since the complainant was likely to be the wife of the petitioner. The petitioner forcibly caught the arm of the complainant, who tried to save herself. The shirt of the complainant just above the breast was also torn. The petitioner caught the complainant from her breasts and started pulling her out. The petitioner thus obstructed the complainant, caused mental torture to the complainant by writing obscene letters and also outraged her modesty. The complainant was saved from the clutches of the petitioner by PW -3 Chiranji Lal and Ami Chand Sharma employees of the same office in which the complainant was serving.