SAT PAUL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed this revision petition praying that the order of conviction and sentence passed by the Chief Judicial Magistrate, Chamba and upheld by the learned Additional Sessions Judge, Kangra Division, Camp at Chamba, dated October 29, 1983 be set aside.

(2.) A few facts relevant to the case may be stated. The petitioner at the relevant time was posted as a constable at Chamba Smt. Rattani Devi, who belongs to Nurpur, in Kangr a District was accompanied by Shri Nakelu Ram PW to Mani Mahesh fair to have darshan of Mani Mahesh. After offering her prayers at Mani Mahesh within Bharmaur area of Chamba District she alongwilh Nakelu Ram came back to Chamba Town on September 1, 1979. They decided to spend the Digit at the bus stand at Charoba. According to the prosecution story, Smt. Rattani Devi thirsty in the night, she got up and went to a nearby tap to drink water. The petitioner happened to be on patrol duty. He on seeing Rattani Devi went to her and asked her to accompany him. It is alleged that the petitioner wanted to have sexual relation with her. Smt. Rattani Devi was forced to open her salwar. She, however, did not do so whereupon the petitioner gave beating to her with a danda which he was carrying as a police constable. The petitioner caught and dragged the said Rattani Devi around Chamba Post Office. All the same, she did not submit to his desire. More injuries are stated to have been inflicted on her by the petitioner. Ultimately, Rattani Devi fell unconscious and she was found in the early hours of the morning without her salwar by one Shri Denial, who took out his shirt and put the same on her body. Thereafter, she was taken to the District Hospital at Chamba.

(3.) The petitioner was charged for the offences under sections 354, 341 and 323 IPC. The learned Chief Judicial Magistrate Chamba convicted the petitioner for the commission of the said offences. For an offence under Section 354 IPC, the petitioner was sentenced to suffer rigorous imprisonment for one year and six months and to pay a fine of Rs. 200/ The petitioner was also sentenced under Section 341 IPC to suffer rigorous that imprisonment for one month whereas for an offence under section 323 he was to suffer rigorous imprisonment for six months and to pay a fine of Rs. 200/-. All the sentences were however, directed to run concurrently.