RAMESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Assailing the judgment of conviction and sentence dated 17.8.2007, passed by the learned Addl. Sessions Judge, Fast Track Court, Shimla, H.P. in Cr. Appeal No. 1-S/10 of 2007, titled as State of H.P. vs. Ramesh Kumar, accused-petitioner has filed the present Revision Petition under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) The accused was acquitted in terms of judgment dated 23.8.2006 passed by the learned Judicial Magistrate, Ist Class, Court No. II, Shimla, H.P., in Cr. Case No. 257/2 of 2004, titled as State of H.P. vs. Ramesh Kumar. However, in the appeal filed by the State he stands convicted for having committed an offence punishable under the provisions of Section 354 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of six months and pay fine of Rs. 5000/-. In case of default in payment of fine, accused has to further undergo rigorous imprisonment for a period of two months.

(3.) Briefly stated, facts of the case are that on 15.8.2004 prosecutrix (PW-4) was travelling alongwith her sister Ms. Nisha Sharma, (PW-6) in a bus from Darlaghat to Shimla. In the very same bus accused Ramesh Kumar was also travelling. During the journey accused Ramesh Kumar misbehaved with the prosecutrix. He committed obscene acts inasmuch as he pinched her breast two three times. When the bus reached near Victory Tunnel, Shimla, she caught hold of accused Ramesh Kumar and handed him over to the police present on the spot. She lodged F.I.R. No. 171/04 (Ext. PW 3/A), dated 15.8.2004, Police Station Boileauganj, Distt. Shimla.