SHYAM DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision is directed against judgment dated 4.7.2006 passed by learned Additional Sessions Judge, Mandi, Camp at Karsog, in Cr. Appeal No. 2 of 2006 affirming judgment dated 27.12.2005/3.1.2006 passed by learned Additional Chief Judicial Magistrate, Karsog, in Police Challan No. 27-II of 2005 convicting the petitioner for offences punishable under Sections 354, 323, 506 IPC and sentencing him for various terms including fine.

(2.) The prosecution case is that PW-1 complainant alongwith her father Dhani Ram reported the matter against the petitioner, who is father in law of the complainant. The allegations are that on 4.2.2005 at about 11.00 a.m. the complainant was feeding her children in a tent in absence of her husband. In the meantime, the accused came near the tent, complainant came out of tent with her children. The accused caught hold the complainant from her neck and started molesting by pressing her breasts. The complainant pushed the accused and raised alarm. The accused laid her on the ground and her shirt was got torn and she sustained injuries on her neck, right leg, knee and upper portion of left leg.

(3.) On hearing the cries of the complainant, Chandervati reached the spot. The accused left the place and threatened the complainant to do away with her life. The incident was witnessed by some others also. It has been alleged that accused outraged the modesty of the complainant in the absence of her husband. On these allegations, the case was registered. The complainant was got medically examined. On completion of investigation, challan was submitted in the Court.