DAYANAND @ LILIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the accused-petitioner against the judgment 8.3.1996 passed by the learned Chief Judicial Magistrate, Jhunjhunu in Cr. Case No. 284/1994 by which he convicted and sentenced to three months simple imprisonment and fine of Rs. 500/- and in default of payment of fine to further undergo one month simple imprisonment and had also further ordered that out of fine Rs. 200/- would be paid to the complainant and the judgment dated 7.11.1996 passed by the learned Addl. Sessions Judge, Jhunjhunu by which he has confirmed the order of the conviction and maintained the sentence passed by the learned Chief Judicial Magistrate, Jhunjhunu.

(2.) Brief facts of the case are that on 22.6.1994 Smt. Laxmi submitted a written report (Ex.P-1) at Police Station Kotwali Jhunjhuru stating therein that she was sleeping in his house along with his child Chandrakala, suddenly one boy came and lift her petticoat. She woke up and saw a boy Liliya S/o Shri Om Prakash Chaursiya. She caught his hands then this her petticoat was torn. On her hue and cry, accused-petitioner ran away. Upon the said report the police registered the case for the offence under Section 354 I.P.C. After investigation the police has filed challan against the accused-petitioner before the learned Chief Judicial Magistrate, Jhunjhunu. The learned trial Court has framed charge against the accused-petitioner for the offence under Section 354 I.P.C. The charge was read over and explained to the accused-petitioner, but he pleaded not guilty and claimed for trial.

(3.) During trial, the prosecution in support of its case examined as many as 4 witnesses and got exhibited some documents. Thereafter the statements of the accused-petitioner under Section 313 Cr.P.C. were recorded.