Crl. Rev. No.441 of 2002 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

Criminal Revision No.441 of 2002

Date of Decision: 16 - 3 - 2010

Main Pal

.....Petitioner

v.

State of Haryana

.....Respondent

CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA

***

Present:

Mr.Ashish Aggarwal, Advocate

for the petitioner.

Mr.Manish Deswal, DAG, Haryana.

Mr.Jonny Goyal, Advocate for

Mr.Sanjiv Gupta, Advocate

for the complainant.

***

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

The present revision petition has been preferred by Main Pal

son of Lila Ram. The Court of Judicial Magistrate IInd Class, Karnal found

the petitioner guilty of offence under Sections 354 and 452 IPC and

sentenced him to undergo rigorous imprisonment for six months and to pay

a fine of Rs.1,000/-. In default of payment of fine, to further undergo

simple imprisonment for one month. Aggrieved against the same, the

petitioner preferred an appeal. The lower Appellate Court having found no

merit in the appeal, dismissed the same.

In the present case, FIR was registered on the statement made

by Parkash Devi PW1. In her statement Ex.P1 Parkash Devi PW1 stated

that on the night intervening 22/23.3.1996, she along with her daughter-in-

Crl. Rev. No.441 of 2002 [2]

law had retired to bed after taking meals and no male member was present

in the house, except the children. At about 11.30 P.M., accused jumped

over the wall, came inside the house and broke the bulbs which were

emitting light. Her child woke up and the accused went out side the house.

At about 12.30 P.M., accused again came back in the house and made an

attempt to outrage the modesty of her daughter-in-law Sheela Devi. On the

noise raised, accused ran away from the spot.

The aforesaid FIR was investigated and report under Section

173 Cr.P.C. was submitted.

Charges were framed against the petitioner on 8.7.1997. The

first charge stated that on 23.3.1996 accused made a preparation for causing

hurt and assault by committing house trespass in the house of Parkash Devi

and committed an offence punishable under Section 452 IPC. Second

charge stated that on the same date, time and place, he assaulted and used

criminal force against Parkash Devi with an intention to outrage her

modesty and thereby committed an offence under Section 354 IPC. The

accused pleaded not guilty and claimed trial.

Prosecution examined Parkash Devi as PW1. She reiterated the

version as to what was stated in the FIR. She further stated that Sheela Devi

was married to her son Jaivir. In cross-examination, this witness stated that

her son Mahavir used to reside with her. This witness was confronted with

a portion of the FIR Ex.PW3/A, where it was recorded that her son had left

the house after he woke up. This part of the cross-examination cannot be

read in isolation as in the beginning of her statement she had stated that no

male member was present. At the time of occurrence, only children were

present. My attention has been drawn to a portion of her statement where

Crl. Rev. No.441 of 2002 [3]

this witness stated that accused had not touched Parkash Devi and made no

attempt or assault to outrage her modesty.

Sheela Devi appeared as PW2. She stated that accused when

entered in the house, caught hold of her hands.

Inspector Raghubir Singh, Investigating Officer appeared as

PW3. Thereafter, the evidence of the prosecution was closed by order of the

Court.

Statement of the accused under Section 313 Cr.P.C. was

recorded. He denied all incriminating circumstances put to him.

Rukam Singh, Ex-Sarpanch was examined as DW1. He stated

that on 23.3.1996, a fight had taken place between son of the complainant

and the accuse