MOHD. ABDUL AZEEM Vs. STATE OF A.P.

JUDGEMENT

(1.) The appellant is convicted for the offence under Sec. 354 of IPC and sentenced to undergo simple imprisonment for a period of six months and also to pay fine of Rs.1,000.00, in default of payment of fine, to undergo simple imprisonment for a period of 15 days vide judgment in S.C.No.75 of 2008 dtd. 6/1/2009 passed by Special Judge for Economic Offences-cum-VII Additional Metropolitan Sessions Judge, Hyderabad (for short 'the Sessions Judge'). However, the appellant was found not guilty for the offences under Ss. 506 and 509 of IPC

(2.) The case of the prosecution is that P.W.1, who is the husband of P.W.2 filed a complaint stating that in the morning of 20/12/2006 at about 7.30 a.m, while his wife P.W.2 was sweeping the verandah, the appellant who was residing in the first floor as tenant caught hold of her hand and tried to kiss her with an intention to outrage her modesty. She cried for help and P.W.1 and others went to the spot and on seeing them, the appellant fled. For such acts of appellant, complaint was made and the Police Madannapet registered Crime No.162 of 2006 for the offences punishable under Ss. 354, 506 and 509 of IPC.

(3.) During the course of examination, the learned Sessions Judge has examined the victim as P.W.2, who stated that the appellant was a tenant in the first floor and on 20/12/2006 , he came down to the verandah where she was present and caught hold of her hand and tried to kiss. She shouted for help and P.Ws.1, 3, 4 and 5 arrived. PW 1, 3, 4, 5 stated that they heard PW2 shouting and when they went there, they found the appellant fleeing from the place.