BIDHI CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This criminal revision petition has been filed against the judgment passed by learned Additional Sessions Judge, Fast Track Court, Hamirpur, H.P., on 11.12.2009, in Criminal Appeal No.49 of 2007, whereby he affirmed the judgment of conviction and sentence passed by learned Judicial Magistrate Ist Class, Court No.2, Hamirpur, on 23.11.2007/26.11.2007, in Police Challan No.9-I-2006.

(2.) Brief facts of the case are that the complainant lodged a complaint against the petitioner pursuant to which FIR No.141/2005 came to be registered against him under Sections 354, 323 and 506 IPC. It was alleged that on 27.07.2005 at about 7.20 p.m. at place Dakehra, the complainant had gone to fetch water from the water source and when she reached there, the petitioner called her and thereafter groped her with an intention to outrage her modesty and in this incident she sustained injuries. The complainant raised hue and cry that attracted the attention of Raksha Devi, Babli Devi and Biasan Devi, who rushed to the spot and this led to the petitioner to flee from the spot. However, before doing so, he extended threats to the complainant to do away with her life. The petitioner had used criminal force against the complainant with intent to outrage her modesty. The complainant was examined vide MLC Ex.PW4/A which established that she had sustained injuries even though the same were simple in nature and the probable duration of injuries was less than six hours. Even the petitioner was medically examined vide MLC Ex.PW8/A and was found to have sustained simple injuries. The matter was investigated and thereafter challan against the petitioner was prepared under the aforesaid sections to which he pleaded not guilty and claimed trial.

(3.) After completion of the prosecution evidence, the petitioner was examined under Section 313 Cr.P.C. wherein he denied the circumstances appearing in the prosecution case.