RAJ KANWAR Vs. STATE OF H.P.

JUDGEMENT

(1.) REVISION petitioners have been convicted of offences punishable under Sections 341, 353 and 506 (first part), read with Section 34 IPC, for allegedly wrongfully restraining PW-6 Prabha Rajeev while she was going in a Gypsy, and then assaulting her while she was on government duty and also threatening her with dire consequences. The incident allegedly took place on 15.7.1997 when PW-6 Prabha Rajeev, then working as Block Development Officer, Mashobra, was allegedly going to attend some meeting in the office of the Deputy Commissioner, Shimla. The revision petitioners, who were riding a scooter, allegedly overtook the Gypsy by which PW-6 Prabha Rajeev was travelling. The scooter was being driven by petitioner No.2 Dheeraj Kanwar and petitioner No.1 Raj Kanwar was riding the pillion. After overtaking, the scooter stopped in front of the Gypsy. Petitioner No.1 got down from the scooter and went up to the Gypsy. He required PW-6 Prabha Rajeev to reverse her vehicle and follow the scooter. He also made gestures indicative that he was about to use force. Matter was reported to the police. Besides Prabha Rajeev, some other government servants were also accompanying her.

(2.) TRIAL Court on conclusion of trial held the petitioners guilty of the aforesaid offences but released them after admonition and ordered them to pay costs of proceedings to the tune of Rs.2,000/- each.

(3.) FOLLOWING submissions have been made by the learned counsel representing the revision petitioners: