LAWS(HPH)-2017-9-78

KRISHAN DUTT PREMI Vs. STATE OF H P

Decided On September 21, 2017
Krishan Dutt Premi Appellant
V/S
STATE OF H P Respondents

JUDGEMENT

(1.) The instant appeal stands directed against the judgment rendered on 23.10.2008/30.10.2008 by the learned Special Judge, Kullu, H.P. in Sessions trial No.45 of 2006, whereby, the learned trial Court acquitted the accused/appellant herein, for his committing an offence punishable under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, however, he convicted the accused/appellant herein for his committing offences punishable under Sections 354 and 509 of the IPC and sentenced him as under:-

(2.) Briefly stated the facts of the case are that accused, who was posted as Tehsildar at Keylong during the year 2005/2006 had gone to the house of Tulsi Ram Complainant on 9.03.2006 in connection with some partition proceedings. However,the proceedings could not be carried out on that day as it started snowing. The staff i.e. Kanungo Prem Singh and Patwari Ram Lal, who were accompanying him returned to Udaipur but he accused stayed back in the house of complainant. As per the prosecution case, during his stay in the house of the complainant in the night accused directed the complainant to massage his body and also demanded liquor and asked him to arrange a woman for him for the night. He also asked the complainant and his wife to take liquor with him which they refused. He also insisted on sleeping in their bed room. Lastly, while the complainant left the room for leaving the utensils outside after the meals the accused caught hold of the wife of the complainant by her arms and asked her to sleep with him. She was, however, rescued by her husband on hearing her cries for help. The FIR was lodged by the complainant on 14.03.2006 and the matter was investigated. Since the complainant and his wife belonged to scheduled tribe the case was also registered under Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) On conclusion of investigation(s), into the offence, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared and filed before the learned trial Court.