ARJUN PATHANIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/accused/convict (hereinafter referred to as "the accused") laying challenge to judgment dtd. 3/9/2020, rendered by learned Special Judge, Kangra at Dharamshala, District Kangra, H.P., in Sessions Trial No.123­ N/VII/2020/2018, whereby the accused was convicted and imposed fine of Rs.1000.00­ upon the accused/appellant for the offence punishable under Sec. 323 of Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(2.) Leaving fiddling little details, the facts of the case can tersely be summarized as under:

(3.) Heard. Learned counsel for the appellant has vehemently argued that the learned Court below has failed to appreciate the factum of the incidence, which was not at all an offence under Sec. 452, 354A, 323, 506 and under Sec. 8 of the Protection of Children from Sexual Offences Act. He has argued that no witness has proved the offence by the learned Court below just on the basis of conjectures and surmises convicted the present petitioner and sentenced him to pay a fine of Rs.1,000.00­ under Sec. 323 of the Indian Penal Code. He has further argued that no case was proved against the accused under Sec. 323 IPC and his conviction under Sec. 323 IPC is required to be set aside.