STATE OF H.P. Vs. SUNIL KUMAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the Additional Sessions Judge, whereby appeal of the respondent against the judgment of the trial Court convicting and sentencing him for offences, under Sections 366 and 354 IPC, was accepted and the respondent was acquitted.

(2.) FIRST , we may notice the facts. Respondent was sent up for trial for an offence punishable, under Section 354 IPC for allegedly outraging the modesty of a child girl, aged about 7 years, on 15.6.1988. The respondent was alleged to have allured the girl when she was returning home from the school, to a lonely place behind his shop by offering her a toffee and to have put his male organ (penis) into her mouth. The girl was seen crying and vomiting near the place of the incident by PW -4 Mast Ram, who took her to her house in village Palthi and entrusted her to her mother. Since the girl was crying and vomiting, her mother PW2 Geeta Devi enquired from her as to what had happened, upon which she narrated the incident to her. The father of the girl was not at home that day, as he had gone to visit some relatives in a different village. He returned home on 17.6.1988. Matter was brought to his notice by the mother of the child. Thereafter the father of the child went to the Deputy Commissioner, who directed him to go to the police station. The father of the child PW -1 Pyare Lal then went to the police station and lodged the report, copy Ext.PWl/A. Police investigated the matter and challaned the respondent, under Section 354 IPC.

(3.) AT the end of the trial, the respondent was found guilty of offences under Sections 377 and 354 IPC and sentenced as follows: