PAWAN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 3/1/2014, passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur (learned Appellate Court), vide which the judgment of conviction dtd. 9/1/2013 and order of sentence dtd. 10/1/2013, passed by learned Judicial Magistrate First Class, Court No.1, Ghumarwin, District Bilaspur (learned Trial Court) were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the victim (name being withheld to protect her identity) went to the market on 7/8/2009 to purchase the bangles. She went to the shop of the accused at about 12.50 pm and asked him to show her some bangles. The accused took out the bangles and kept them on the rack. When the victim was looking at the bangles, the accused caught hold of her arm and pressed her breasts. The victim protested and shouted for help. The accused gave beatings to the victim. Her daughter (PW2) was purchasing articles in another shop. She came to the spot after hearing the noise. Vicky also came to the spot and rescued the victim from the accused. The victim telephoned the police. An entry (Ex.PW10/A) was recorded in the Police Station. ASI Anant Ram (PW6) and HHC Amrit Lal (PW7) went to the spot for verification. The victim made a statement (Ex.PW9/A) which was sent to the Police Station, where FIR (Ex.PW5/A) was registered. ASI Anant Ram investigated the matter. He prepared the site plan (Ex.PW6/A) and seized the torn shirt (Ex. P1), broken pieces of bangles (Ex. P2 to Ex. P22) vide memo (Ex.PW1/B). He put the shirt and the bangles in separate parcels and sealed each parcel with three impressions of the seal 'T'. Pawan Kumar produced the broken strainer, which was seized vide memo (Ex.PW3/A). It was put in a cloth parcel, and the parcel was sealed with three impressions of seal 'T'. Pawan Kumar produced a shirt that was torn in the incident. It was seized vide memo (Ex.PW6/B). It was put in a cloth parcel, and the parcel was sealed with three impressions of seal 'T'. Seal impression (Ex.PW6/C) was taken on a separate piece of cloth, and the seal was handed over to witness Amrit Lal after its use. Dr Bharti Ranot (PW4) medically examined the victim and found that she had sustained simple injuries which could have been caused within six hours of the examination. She issued the MLC (Ex.PW4/C). She also examined Pawan Kumar and found that he had sustained simple injuries that could have been caused in a scuffle. She issued MLC (Ex.PW4/D). Statements of witnesses were recorded as per their version, and after the completion of the investigation, a challan was prepared and presented before the learned Trial Court.

(3.) Learned Trial Court found sufficient reasons to summon the accused. When the accused appeared, a notice of accusation was put to the accused for the commission of offences punishable under Ss. 323 and 354 of the IPC, to which he pleaded not guilty and claimed to be tried.