KAMAL KISHORE Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These revision petitions are being disposed of by a common judgment as they arise out of the judgment passed in Criminal Appeal No. 23 of 2010 dated 20.10.2010, vide which, learned Appellate Court while dismissing the appeal filed by the present petitioners affirmed the judgment of conviction passed against them by the Court of learned Judicial Magistrate First Class, Barsar, District Una, in Criminal Case No. 32-II-2008/07, dated 29.03.2010, whereby learned trial Court while convicting the accused for commission of offences punishable under Sections 341 and 354 read with Section 34 of Indian Penal Code, sentenced them to undergo rigorous imprisonment for a period of one year each and to pay a fine of Rs. 1000/- each for commission of offence under Section 354 read with Section 34 of Indian Penal Code and also sentenced the accused to undergo simple imprisonment for a period of one month for commission of offence under Section 341 read with Section 34 of Indian Penal Code.

(2.) The case of the prosecution was that on 30.09.2007 at around 11.30 A.M. Smt. Kashmiri Devi, Pradhan Gram Panchayat Ghori Dhabiri telephonically informed police of Police Post Deotsidh that one Asha Devi had been molested and the police was accordingly asked to take appropriate action. On receipt of the said information Rapat Ext. PW7/A was entered by the police, who proceeded to the spot and thereafter recorded the statement of prosecutrix i.e. Kumari Asha Devi Ext. PW2/A wherein the prosecutrix reported that she was a student of 9th class in Dhabiri school and on 29.09.2007 when after she came back from school to her house and after having her meals, she was going to jungle to bring grass where her mother already had gone for bringing grass, at around 04.30 P.M. when she reached Daku Lahra one motorcycle came from Dhabiri side on which two persons were sitting. Motorcycle was halted when it reached near the prosecutrix and the persons riding the same asked the prosecutrix to come ahead and thereafter, they parked the motorcycle at some distance ahead of the prosecutrix. Further as per the prosecutrix, both the persons alighted from the motorcycle and moved towards her. The prosecutrix identified the pillion rider, whose name was Suresh Kumar alias Chuha, resident of Ghori, whereas she was not aware of the name of the other accused who was driving the motorcycle but she identified him by face as he was also resident of at village Ghori. Thereafter, accused Chuha asked her where she was going alone and when she told him that she was going to fetch grass, on this, accused Suresh Kumar wrongfully restrained her and the other accused Kamal Kishore embraced her. Suresh Kumar caught hold of her from her arm and started kissing her. On this, prosecutrix cried loudly and one Kashmir Singh Baba, who was grazing the cattle in the jungle, reached the spot on hearing her cries. As soon as the accused heard the voice of Kashmir Singh Baba, they fled away from the spot on their motorcycle towards Kalwal side. Further, as per the prosecutrix, she narrated the entire incident to Kashmir Singh. While Kashmir Singh was taking the prosecutrix to her mother, prosecutrix met her sister-in-law namely Neelama Devi, who was also in the jungle. The prosecutrix also narrated the entire incident to her sister-in-law and thereafter her sister-in-law took her to her mother, whereas Kashmir Singh returned back. Further, as per the prosecution, prosecutrix narrated the incident to her mother and after they reached their house, her mother telephonically informed the Pradhan about the occurrence of the said incident who advised them to come next morning as it was already dark. Accordingly, complaint was lodged the next day.

(3.) On the basis of the said statement of the prosecutrix, FIR Ext. PW9/A was registered against the accused. Pursuant to this, investigation was carried out by the police and in the course of investigation, police took into possession the motorcycle being driven by the accused. Police also recorded the statements of the witnesses as per their versions including the statements of Kashmir Singh and Neelam Devi.