A landlord's unwelcome entry into a tenant's room and use of criminal force to touch her body constitutes an offense under Section 354 IPC, affirming the principle that intention can be inferred from the circumstances.

JUDGMENT AND ORDER

1. By means of filing this criminal revision petition, petitioner Purnendu Aich has challenged the judgment and order dated 17.02.2020 passed by the Sessions Judge, Gomati Judicial District, Udaipur in Criminal Appeal No.33 of 2019.

Petitioner was convicted under Section 354 IPC and sentenced to rigorous imprisonment (R.I) for a term of one year with default stipulation by the Judicial Magistrate, First Class by judgment and order dated 14.08.2019 delivered in PRC(WP) No.24 of 2019. He appealed against the order in the court of the Sessions Judge at Udaipur. The learned Sessions Judge by the impugned judgment affirmed his conviction under Section 354 IPC but reduced his sentence from rigorous imprisonment (R.I) for a term of one year to rigorous imprisonment (R.I) for a term of six months with default stipulation which is under challenge in this criminal revision.

2. Heard Mr. D. K. Das Chowdhury, learned counsel appearing for the petitioner as well as Mr. S. Debnath, learned Additional Public Prosecutor representing the State.

3. Factual background of the case is as under: Father of the victim (name withheld) lodged a written FIR with the Officer-in-Charge of R. K. Pur Women Police Station on 09.01.2019 alleging, inter alia, that her 16 years' old victim daughter who was a Madhyamic candidate had taken a room on rent in the house of the accused for prosecuting her studies from there. On 08.01.2019 at about 9.30 pm when the victim was studying in her room, accused knocked on her door and asked her to open the door which was closed from inside. Soon after she opened the door, accused made an entry into her room and embraced her. He also caught hold of her hand and tore her chain. When she cried for help, accused left. Immediately thereafter she informed her father about the incident over his cell phone. He arrived and rescued his daughter from there. On the following day he reported the matter to police by lodging the FIR.

4. Based on his FIR, R. K. Pur Women P.S case No.2019 WP 002 under Sections 448 , 427 and 354 IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012 was registered and the case was taken up by woman Sub-Inspector of police Smt. Shova Rani Teli for investigation.

5. In the course of her investigation, the Investigating Officer visited the crime scene. She had drawn up a hand sketch map of the crime scene with a separate index indicating the material locations of the crime scene. Thereafter she met the victim and her father, examined them and recorded their police statements under Sections 161 Cr. P.C. She also recorded the police statements of other witnesses acquainted with the facts of the case and seized the Permanent Resident Certificate of the victim from the possession of her mother which indicated that victim was born on 06.01.2001. During investigation, victim was also produced in Court before a Judicial Magistrate of the First Class at Udaipur who recorded her statement under section 164(5) Cr. P.C (Exbt.3). Having found sufficient materials against the accused, the Investigating Officer laid charge sheet against him for having committed offence punishable under Sections 448 , 427 and 354 IPC.

6 Cognizance of offence was taken and trial commenced with the framing of charges punishable under Sections 448 and 354 IPC against the accused. Accused pleaded not guilty to the said charges and desired to stand the trial.

7. In the course of trial prosecution examined 11 witnesses in all. Among them PW-1 is the scribe of the FIR. PW-2 is a teacher of the school where the v