CHAMAN LAL Vs. STATE OF H. P.

JUDGEMENT

(1.) Instant Criminal Revision petition filed under Sec. 397 of the Code of Criminal Procedure, lays challenge to judgment dtd. 18/12/2021 passed by learned Additional Sessions Judge, Sundernagar, District Mandi, H.P., in Criminal Appeal No.117 of 2018, affirming the judgment of conviction dtd. 22/6/2018 and order of sentence dtd. 28/6/2018, passed by learned Additional Chief Judicial Magistrate, Court No.1, Sundernagar, District Mandi, H.P., in Police Challan No.262-I of 2013/81-II/2013, whereby learned trial Court while holding petitioneraccused guilty of having committed an offence punishable under Ss. 354 and 451 of IPC, convicted and sentenced him, as per the description given hereinbelow:- <IMG>JUDGEMENT_87_LAWS(HPH)1_2023_1.jpg</IMG>

(2.) Precisely, the facts of the case, as emerge from the record are that FIR No.70 of 2013, dtd. 1/4/2013, under Ss. 452 and 354 of IPC, came to be registered at police Station, Sundernagar, District Mandi, H.P., on the complaint made by complainant Smt. Kala Devi, who alleged that on 31/3/2013, her husband and others had gone to Nerad at the house of Raj Kumar, who was constructing a house. Complainant alleged that her brother-in-law finding her alone attempted to outrage her modesty. She alleged that accused not only unauthorizedly entered her room but also behaved indecently. On the basis of aforesaid complaint, police lodged the FIR and presented the challan in the competent court of law under Ss. 452 and 354 of IPC.

(3.) Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Ss. 452 and 354 of IPC and accordingly, convicted and sentenced him as per the description given hereinabove.