STATE OF H P Vs. BISHAMBHAR DASS

JUDGEMENT

(1.) Instant Criminal appeal filed under Section 378 of the Code of Criminal Procedure, is directed against the impugned judgment dated 31.7.2008, passed by learned Additional Sessions Judge, Solan, District Solan, H.P., in Criminal Appeal No.13-S/10 of 2008, reversing the judgment of conviction and sentence dated 8.1.2008, passed by learned Judicial Magistrate 1st Class, Kandaghat( Camp at Solan) in Criminal Case No.2/2 of 2007/2006, whereby learned trial court while holding respondent ( hereinafter referred to as the accused) guilty of having committing the offence punishable under Section 354 of Indian Penal Code (hereinafter referred to as IPC), convicted and sentenced him to undergo simple imprisonment for one year and to pay fine of Rs.2000/- and in default of payment of fine, to further undergo simple imprisonment for two months.

(2.) Briefly stated facts as emerge from the record are that complainant Smt. Vidya Devi (PW-1) lodged complaint at police Station, Solan alleging therein that on 1.4.2004 the accused, who was working as Teacher in Primary School, Brewery, District Solan indecently assaulted her daughter namely Hema (PW-2) studying in 4th class. As per the complainant, victim was called by the accused and thereafter was asked to sit on his lap and when she refused to do so, accused forcibly caught hold of her and placed his hand on her leg, whereas remaining students were asked to go outside the room. As per complainant, accused placed his hand inside the salwar of the victim, upon which victim started weeping. Thereafter, accused left her and called all the children inside the class. Aforesaid incident was brought to the notice of the complainant, who happened to be mother of the victim on the same day, but since her father was not at home complaint could not be made on the same day. The mother of victim revealed the matter to her brother namely Sh. Amarjit. Aforesaid fact was brought to the notice of the management of the school by Sh. Amarjit. However, fact remains that FIR came to be registered only on 8.4.2004, whereby police registered the case against the accused under Section 354 of IPC. Police after completion of the investigation, presented the challan in the competent Court of law.

(3.) The learned trial Court being satisfied that a primafacie case exist against the accused, put notice of accusation to the accused under Section 354 of IPC, to which he pleaded not guilty and claimed trial.