SURINDER KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Assailing the judgment dated 15.12.2004/15.3.2005, passed by learned Sub Divisional Judicial Magistrate, Karsog, Distt. Mandi, H.P., in Police Challan No. 20-II of 2004, titled as State vs. Surinder Kumar, as affirmed by the learned Additional Sessions Judge, Mandi camp at Karsog, vide judgment dated 10.1.2008, passed in Criminal Appeal No. 8 of 2005, tilted as Surinder Kumar vs. State of H.P., petitioner has filed the present Whether reporters of Local Papers may be allowed to see the judgment Revision Petition under the provisions of Sections 397 of the Code of Criminal Procedure, 1973.

(2.) As per the case of the prosecution, Sh. Naresh Kumar (PW-2) is resident of Village Lalseri, Tehsil Karsog, Distt. Mandi. His daughter the prosecutrix (PW-1) was studying in 10th class at Govt. Sr. Secondary School, Churag. From her village she would walk to her school by a pedestrian path. But service was available only up to a particular point. On 1.3.2004 while she was returning from her school to her village through the pedestrian path, at about 4.50 p.m., when she had reached at a place known as Bunail, accused who had muffled his face, pounced upon her. He gagged her mouth and tried to outrage her modesty. He tried to untie the waistband of her salwar. Prosecutrix resisted and bit his finger. In this process the cloth over the face of the accused got removed and she recognized him. She shouted for help. Hearing her cries soon her classmate Master Sunil Kumar (PW-2) arrived at the spot. Thereafter, prosecutrix went home and narrated the incident to her mother, who in turn disclosed the same to PW-2. On 2.3.2004 prosecutrix alongwith her father went to Police Station Karsog where F.I.R. No. 27 of 2004 (Ext. PW 1/A), dated 2.3.2004, under Section 354 of the Indian Penal Code was registered against the accused. Prosecutrix was got medically examined at the Civil Hospital Karsog. The matter was investigated by the police. With the completion of investigation, Challan was presented in the Court for trial.

(3.) Notice of accusation was put to the accused for having committed offences punishable under the provisions of Sections 354 and 323 of the Indian Penal Code, to which he pleaded not guilty and claimed trial.