THE HON'BLE SRI JUSTICE V.SRINIVAS CRIMINAL REVISION CASE No.2639 of 2017

ORDER:

Assailing the Judgment, dated 13.09.2017 in Criminal Appeal No.74 of 2015on the file of the Court of I Additional Sessions Judge, Kurnool, modifying the conviction imposed against the petitioner in Sessions Case No.110 of 2011, vide judgment dated 24.03.2015 by the learned Assistant Sessions Judge, Kurnool, for the offence under Section 354 of Indian Penal Code (hereinafter referred to as “IPC”), the petitioner/accused filed the present criminal revision case under Section 397 read with 401 of the Criminal Procedure Code, 1973.

2. The revision case was admitted on 20.10.2017.

3. The shorn of necessary facts are that:

i). PW1 is the defacto complainant and she was working as Assistant Project Director in District Women Development and Child Welfare Department, Kurnool and she was enlisted as Junior Assistant in the department in 1989 and now working as Senior Assistant on deputation. Accused is also working as Senior Assistant in the same office and as he being the senior in the office, used to harass PW1 for each and everything and even used to touch her hands unnecessarily and praises her beauty directly by saying that “on seeing her he is going into dreams”. She was being a woman unable to reveal his acts to anyone. Taking advantage of the same, the accused frequently asking her to fulfill his sexual desire, for which, she refused to oblige. He also tortured her in many ways to achieve his goal and he inspected ICDS office at Atmakur when was working there and instructed the officials to give charges against her and she was suspended, but the enquiry officer gave clean chit to PW1. Accused used to run Dhyana Kendra and forced PW1 to come there after office work. She took the said fact to the notice of higher officials and so accused was suspended from the service. The accused also threatened her with dire consequences stating that he would not leave her until she comes into his route. PW1 lodged complaint before the higher officials and necessary action was initiated and accused was dismissed from the service. When collector recommended for criminal case, accused was arrested on 25.08.2010 and sent to the Court for remand.

4. After completion of investigation, charge sheet was filed and the same was numbered as S.C.No.110 of 2011 on the file of the learned Additional Assistant Sessions Judge, Kurnool, and after completion of trial found the accused is guilty of the offence under Section 354 and

506 IPC and accordingly, he is sentenced to suffer SI for two years and also to pay a fine of Rs.1000/- for the offence under Section 354 IPC, in default, to suffer SI for three months. He is further sentenced to undergo SI for one year for the offence under Section 506 IPC. It is ordered that both the sentences shall run concurrently.

5. Aggrieved by the same, the petitioner/accused preferred an appeal and got numbered, vide Crl.A.No.74 of 2015 before the Court of learned III I Additional Sessions Judge, Kurnool, and the same was partly allowed and partly dismissed (modified),vide judgment, dated 13.09.2017, passed by the trail Court that the accused is convicted for the offence under Section 509 IPC and sentenced to undergo SI for a period of 3 months and with a fine of Rs.1000/-, in default, to suffer SI for one month. The fined already paid by the accused for the offence under Section 354 IPC is treated as fine amount for the offence under Section 509 IPC. Further, the conviction and sentence of accused for the offence under Section 506 IPC is set aside and accordingly acquitted for the said offence under Section 386(b)(1) Cr.P.C. The remand period undergone by the accused i.e., from 26.08.2010 to

21.09.2010 shall be set off under Section 428 of Cr.P.C.

6. Against the said judgment of the first Appellate Court, the present criminal revision case was preferred by the petitioner/accused.

7. Heard Sri S. Jagadish, learned counsel for the petitioner and Ms. P. A