MANOJ KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both these petitions emanate from the same incident, therefore, they were taken up together for hearing and are being disposed of by a common judgment.

(2.) These revision petitions under Sections 397 and 401 of the Code of Criminal Procedure is directed against the judgment passed by the learned Additional Sessions Judge, Mandi, on 16.06.2011, whereby he affirmed the judgment of conviction and sentence as passed by the learned Sub Divisional Judicial Magistrate, Chachiot at Gohar, District Mandi, on 27.05.2008 whereby the petitioners were convicted under Sections 341, 354 and 506 of IPC.

(3.) Briefly stated the case of the prosecution is that the prosecutrix along with her friend (names of both with-held) on 27.02.2006 like always left home to attend stitching classes and at about 4.00 p.m. while they were returning to their home through the 'jungle', the petitioners, who were known to both the prosecutrix, came there. They initially stopped their path and thereafter embraced the prosecutrix in their arms and started asking them to open their 'salwars' and when both the prosecutix started shouting, the petitioners left them and showed them a knife and threatened to kill the prosecutrix in case the incident was revealed to any person. The matter was thereafter reported to the police and an FIR Ex. PW2/A was registered. Investigation of the case was conducted by PW-5 ASI Mohan Lal. Medical examination of the prosecutrix was conducted vide MLC Ex. PW1/C pursuant to the application moved to this effect in which it was revealed that in the case of one of the prosecutrix, she suffered simple injuries and other prosecutrix was found to have suffered abrasion on the dorsum of the right hand brownish and discoloration. The nature of the injuries was stated to be simple vide MLC Ex. PW1/B. The Investigating Officer visited the spot and prepared site plan Ex. PW5/A. Statements of the witnesses were recorded as per their version and after completion of the investigation, challan was prepared and presented in the Court.