MOHD. OMAR Vs. STATE OF A.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned II Additional Metropolitan Sessions Judge, at Hyderabad, in S.C.No.288 of 2010 dated 11.02.2011, whereby the appellant/accused was convicted for the offence punishable under Section 354 of I.P.C. and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/- in default of payment of fine, to suffer simple imprisonment for a period of two months.

(2.) The case of the prosecution is that on 25.05.2010, P.W.1, who is working as Assistant Commissioner and Executive Officer of Sri Yellamma Pochamma Temple, Balkampet, Hyderabad, lodged a complaint stating that one of the devotees complained that on 25.05.2010 at about 1225 hours while the female devotees were offering their prayers to the Goddess Sri Yellamma and Pochamma Temple premises by taking rounds around the Dwaja Stambham, the appellant/accused, moved behind the female devotees and touched their backs and misbehaved with them. Further, the accused has opened his pant zip and exposed his private parts to the female devotees and insulted their modesty. Basing on the said complaint, the Police, S.R.Nagar Police Station, Hyderabad, registered a case in Crime No.584 of 2010 for the offence punishable under Section 354 of I.P.C. After completion of investigation, charge sheet has been filed against the accused under the aforesaid offence.

(3.) The plea of the accused is one of total denial. The prosecution, in order to prove its case against the accused, examined P.Ws.1 to 5 and got marked Exs.P1 to P4. The learned Additional Metropolitan Sessions Judge, on appraisal of entire evidence, both oral and documentary, held that the prosecution has proved its case against the accused for the offence under Section 354 of I.P.C. and accordingly convicted and sentenced him as stated supra. Aggrieved by the said conviction and sentence, the appellant/accused preferred the present appeal.