Criminal Revision No. 1096 of 2009

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Criminal Revision No. 1096 of 2009

Date of Decision:October 13,2010

Hans Raj

...........Petitioner

Versus

Bhim Ram and another

..........Respondents

Coram:

Hon'ble Mrs. Justice Sabina

Present: Mr.Amandeep Singh,Advocate for the petitioner.

**

Sabina, J.

Petitioner-Hans Raj was convicted for an offence under Section

354 of the Indian Penal Code (`IPC' for short) vide judgment dated 3.1.2009

passed by the Additional Sessions Judge, Fast Track Court, Sirsa. Vide

order dated 7.1.2009, petitioner was sentenced to undergo rigorous

imprisonment for a period of three months under Section 354 IPC . Hence,

the present revision petition.

The brief facts of the case, as noticed by the trial Court

in para 2 of its judgment, are as under:-

“2. Briefly stated the case of the prosecution that on 3.8.2007 a

ruqa was received in the police station from the Civil Hospital,

Criminal Revision No. 1096 of 2009

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Sirsa regarding admission of Pammi Bai. On receipt of the same,

ASI Amar Nath rushed to Civil hospital, Sirsa to record the

statement of injured Pammi Bai. After reaching there he moved

an application before the doctor who was attending the injured to

ascertain as to whether she was fit to make statement or not. On

that application the doctor reported that the patient was not fit to

make statement. On the next day i.e. 4.08.2007 a ruqa was

received from the civil Hospital, Sirsa, regarding the death of

Pammi Bai. On receipt of the same, ASI Amar Nath along with

other police officials, rushed to the Civil Hospital and there he

recorded the statement of Hans Raj father of Pammi Bai. He

stated that he is resident of village Nataar and is labourer by

profession. He has four kids out of which three are sons and one

daughter namely Pammi Bai (since deceased). He further stated

that near to his house, there is a house of Bhim Ram son of Laddu

Ram, odd Rajput. Five days prior the death of Pammi Bai, Bhim

Ram through the roof of houses, came to the roof of his house

where his daughter was sleeping on a cot. His son Rinku aged

about 12 years was also sleeping on a separate cot near the cot of

Pammi Bai. At about 4.00 p.m. Bhim Ram son of Laddu Ram

came on the roof of his house and started outraging the modesty

of hid daughter. His son Rinku woke up and saw that accused

was trying to outrage the modesty of Pammi Bai and she was

prohibiting the act of the accused. Despite of it, he went on doing

indecent activities with the body of Pammi Bai. His son and his

daughter raised alarm and also abused him and thereafter the

Criminal Revision No. 1096 of 2009

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accused managed to run away from the roof of his house. In the

next morning his son Rinku and his daughter Pammi Bai

disclosed this incident to him. His daughter has also disclosed to

him that two months prior to the present incident Bhim Ram also

came on the roof of their house when she was sleeping and he

tried to outrage her modesty but she could not disclose this fact to

the members of her family so that there may not be dispute

between two families and after this she started weeping.

Thereafter he disclosed this fact to the family members of the

accused and also to his father. After hearing this fact beating was

also given to the accused by his father and thereafter the accused

managed to run away from the village. Later on a Panchayat was

also convened. After this incident due to insult his daughter did

not take any edible. Since she was engaged in village Jammal and

her marriage was to be solemnized after one month of this

incident, therefore, she could not tolerate this insult and finally

she took some poisonous substance. Thereafter, she was got

admitted in the Civil Hospital, Sirsa and she expired there. Five

days prior to her death, Bhim Ram tried to outrage her mo