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Judgment
29 paragraphs · 474 wordsK.C. Puri, J.—Nachattar Singh son of Bant Singh was put to trial for an offence punishable under Sections 354/451 IPC with the allegations
that on 25.07.2006, prosecutrix was present in her house. At about 3:00 PM, she was sewing clothes in her room, then Nachattar Singh came and
started using filthy language. It was further alleged that he insisted prosecutrix to do wrong things with her and caught hold of her by her breast. In
the meantime, her mother Bhuro Kaur came back and entered into the room after hearing the noise. On seeing the mother of prosecutrix, accused
ran away from the spot. On the statement of complainant Gurmeet Kaur, FIR was registered. After completion of investigation, challan was
presented against the petitioner. Copies of challan, as envisaged u/s 207 Cr. P.C., were supplied to the petitioner free of costs.
Charge u/s 354/451 IPC was framed against the petitioner to which he pleaded not guilty and claimed trial.
In order to prove its case, prosecution examined four witnesses and closed the evidence.
The trial Court after conclusion of trial found the petitioner guilty of an offence punishable u/s 354/451 IPC and sentenced him to undergo
rigorous imprisonment as under :
1 354 IPC Rigorous imprisonment for one year and fine of Rs. 500/- and in
default of payment of fine to further undergo rigorous
imprisonment for three months
2 451 IPC Rigorous imprisonment for one year and fine of Rs. 1000/- and
in default of payment of fine to further undergo rigorous
imprisonment for three months.
Both the sentences were ordered to run concurrently.
Feeling dissatisfied with the above said judgment and order of conviction dated 18.01.2010 passed by Shri Daljit Singh Ralhan, Judicial
Magistrate Ist Class, Mansa, the petitioner preferred appeal. The said appeal was dismissed vide judgment dated 11.08.2011 passed by Ms.
Rupinderjit Chahal, Additional Sessions Judge, Mansa.
Still feeling dissatisfied with above said both the judgments dated 18.01.2010 and 11.08.2011, referred to above, the present revision petition
has been filed.
This Court vide order dated 05.03.2012 issued notice regarding quantum of sentence only.
Learned counsel for the petitioner has submitted that according to judgment dated 11.08.2011 passed by Additional Sessions Judge, Mansa,
the petitioner is in custody since 11.08.2011. It is further contended that the petitioner has already undergone incarnation for a period of more than
11 months. The total substantive sentence under both these sections i.e 354/451 IPC is one year and as per the case, the petitioner has already
undergone incarnation for a period of 11 months and 7 days. In these circumstances, the ends of justice would be met in case the sentence is
reduced to the period already undergone by the petitioner. Ordered accordingly. He be released in this case, if not required in any other case.
Disposed of.