SOHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Criminal revision petition filed under Sec. 397/401 of the Code of Criminal Procedure, is directed against the judgment dated 29.2.2008, passed by learned Sessions Judge, Shimla in Criminal Appeal No.11-S/10 of 2007, affirming the judgment of conviction and sentence dated 22.1.2007/23.1.2007, passed by the learned Judicial Magistrate, 1st Class, Theog, District Shimla, H.P. in criminal Case No. 291-1 of 2005, whereby learned trial Court held petitioner (hereinafter referred to as 'accused') guilty of having committed the offence punishable under Sec. 354 of Penal Code and accordingly convicted and sentenced him to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 2000.00 and in default of payment of fine, to further undergo simple imprisonment of three months.

(2.) Briefly stated facts as emerge from the record are that complaint Ex.PW4/A came to be lodged with the Superintendent of Police, Shimla on 19.2005 at the behest of PW-4, Sh. Hem Chand. Complainant alleged in the aforesaid complaint that petitioner-accused namely Sohan Lal Dangi, R/o village Vijuvi, Post Office Sarog, Tehsil Theog, posted as Teacher in Govt. Primary School, Gawach called her daughter Suman (PW-3) in the office room for the purpose of brooming. However, subsequently when PW-3 went in the room for the said purpose, accused made an entrance in the said room and thereafter embraced her and gave 3-4 kisses to her. Daughter of the complainant got frightened and hurriedly left the room. As per complainant, on the date of incident other officials and students of the school had gone to place Sainj with a view to participate in the tournament. On the receipt of aforesaid application, FIR Ex.PW1/A came to be registered at Police station, Theog on 15.9.2005. After completion of the investigation, police presented the challan in the competent Court of law.

(3.) The learned trial Court being satisfied that a prima facie case exist against the accused, put notice of accusation to the accused under Sec. 354 of IPC, to which he pleaded not guilty and claimed trial. However, fact remains that learned trial Court on the basis of evidence adduced on record by the prosecution held petitioner-accused guilty of having committed offence punishable under Sec. 354 of Penal Code and accordingly convicted and sentenced him, as per the description already given hereinabove.