KAMALJIT ALIAS KAMAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has been convicted by the two courts below for offence punishable under Section 354 IPC, hence petitioner has filed the petition under Section 397 read with Section 482 Cr.P.C. assailing judgment dated 11.9.2007 passed by Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in Criminal Appeal No. 8/G/2005 affirming judgment dated 15/27.1.2005 passed by Additional Chief Judicial Magistrate, Dehra in RBT Criminal Case No. 28-II/04/2002.

(2.) The prosecution case in brief is that on 17.5.2002 at about 6.30 p.m. at village Saloha accused caught hold prosecutrix from breast, who raised alarm. It is alleged that PW-3 Rukko Devi came there, on seeing her, the accused fled away from the scene of occurrence. The husband of the prosecutrix was not at home, therefore, prosecutrix could not lodge the report as it was already late in the evening, next day the prosecutrix went to her parents house and disclosed the incident to her sister in law Sarla Devi, both of them went to lodge the report. PW-4 ASI Amar Singh met the prosecutrix on the way at Khundian bazaar, the prosecutrix made a statement Ex.PW-2/A under Section 154 Cr.P.C. before ASI Amar Singh on 18.5.2002 in the evening at about 7.30 P.M. Thereupon FIR Ex.PW-4/A was registered. On completion of investigation, report under Section 173 Cr.P.C. was submitted against the petitioner for commission of offence under Sections 354, 506 IPC.

(3.) The notice of accusation was put to the petitioner for commission of offence under Section 354 IPC. The petitioner pleaded not guilty and claimed trial. The prosecution examined four witnesses. The statement of petitioner was recorded under Section 313 Cr.P.C, he led no evidence in defence. On conclusion of trial, the Additional Chief Judicial Magistrate on 15.1.2005 convicted the petitioner under Section 354 IPC and on 27.1.2005 sentenced the petitioner under Section 354 IPC to undergo rigorous imprisonment for six months and fine of Rs. 1,000/-, in default of payment of fine, the petitioner was directed to further undergo simple imprisonment for one month. The appeal filed by the petitioner has been dismissed by the Additional Sessions Judge on 11.9.2007, hence the petitioner has come in revision.