JUDGMENT :

The petitioner has been convicted and sentenced to RI for 3 years and a fine of Rs.1000/-under sections 377/511 of the Indian Penal Code (in short, IPC) with a default stipulation to undergo RI for further one month.

2. Mr. Naresh Pd. Thakur, the learned counsel for the petitioner states that after conviction of the petitioner in T.R No. 170 of 2009 he remained in jail for about 5 months, before bail was granted to him by a co-ordinate Bench of this Court vide order dated 10th October 2017.

3. Briefly stated, on the basis of a written report given by Girija Nandan Pd. Singh who is father of the victim boy, a First Information Report vide B.T.P.S PS Case No. 5 of 2007 was drawn on 31st January 2007 under sections 377/511 IPC. After the investigation, the petitioner was sent up for trial and a charge for the aforesaid offence was framed against him on 23rd May 2007. In the trial, the prosecution examined six witnesses to prove the charge under sections 377/511 IPC – PW3 is the informant of this case.

4. The learned trial Judge believed evidence of PW1 who is the victim boy and PW3 who is the informant and arrived at a conclusion that the prosecution succeeded in proving the ch