The central legal point established in the judgment is the interpretation and application of Section 354 of the Indian Penal Code in a case involving the outraging of the modesty of a minor.

Kanwaljit Singh Ahluwalia, J. - The appellant has been convicted and sentenced by the Court of learned Additional Sessions Judge, Jagadhari, to undergo rigorous imprisonment for one year and a fine of Rs. 2,000/- for the offence under Section 354 Indian Penal Code. In default of payment of fine, to further undergo rigorous imprisonment for two months. He was also sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 500/- for the offence under Section 323 Indian Penal Code. In default of payment of fine, to further undergo rigorous imprisonment for 15 days. Aggrieved against the same, the appellant has filed the present appeal.

2. The appellant was named as accused in case FIR No. 178 dated 17.12.1993 registered at Police Station Chhapar under Sections 323, 376 read with Section 511 Indian Penal Code. In the present case, FIR was lodged on the statement of Amarjit Kaur. She stated that she is resident of Chhoti Pabni. She further stated that she used to help her mother in domestic chores and she is also student of 2nd standard. On 17.12.1993, she has gone to ease herself in the bara of Jheewers. There Raja son of Krishan Ram, caste Harijan, came and he caught hold of her and took her inside the Gohera. He threatened her not to speak and directed her to open the string of salwar, upon which she started weeping and he had forcibly opened the string of salwar and started unbuttoning his pant. At that time the hand of Raja came off from the mouth and complainant started weeping loudly. At that time, her aunt Bhulli wife of Dara Singh was standing outside the bara and she asked what was the matter. At that time Kanta Devi wife of Gurmukh entered. They both entered the bara and rescued the complainant. At that time, Raja was naked. On arrival of Bhulli and Kanta accused ran away from the spot. They came back to her house where her aunt explained the entire matter to her mother. Her mother went to the shop of Raja to lodge protest. It is stated that Raja denied the allegations being false and threw brickbats which hit her mother on the head and other parts of her body. When Raja was throwing brickbats, Ram Avtar was purchasing goods from the shop of Raja. It is further stated that mother of complainant sustained injuries due to striking of brickbats and she was taken to Jagadjri Hospital. Panchayat of baradari was held in the evening and in the morning, for this reason the matter could not be informed to the police. The above said FIR was investigated. Report under Section 173 Criminal Procedure Code was submitted.

3. Appellant was charged on 15.12.1994 for offence under Section 376 read with Section 511 Indian Penal Code. He was also charged for offence under Section 323 Indian Penal Code for causing simple injuries to Lachhmi Devi.

4. Prosecution examined PW.1 Om Parkash, Draftsman, who had prepared the scaled site plan Ex.PA.

5. Zile Singh, Sub Inspector, appeared as PW.2. He stated that on basis of ruqa Ex.PB, he recorded formal FIR Ex.PB/1 and on 9.1.1994 he submitted report under Section 173 Criminal Procedure Code

6. Child victim who was aged about ten years appeared as PW.3. She reiterated the allegations levelled in the FIR.

7. Mother of child victim appeared as PW.4. She stated that she has gone to the shop of the appellant to make a protest when the appellant threw brickbats and caused injuries to her. In cross-examination, she admitted that she used to purchase goods from the shop of appellant sometimes on credit and sometimes on cash.

8. Sawan Ram, father of the child victim appeared as PW.5. He is witness to the various recoveries effected and reiterated what was told to him by his wife.

9. Ram Avtar PW.6 has gone to the shop of accused to purchase goods and he is witness to throwing of brickbats by the accused due to which Lachhmi Devi suffered injuries.

10. PW.7 Dr. Ramesh Kumar had medicolegally examined Lachhmi Devi, aged 40 years and found simple injuries on her person.

11. PW.8 Ram Ch