- (1.) The present revision petition is directed against the judgment dated 27.4.2012 passed by learned Sessions Judge, Sirsa, whereby the judgment and order dated 6.7.2011 passed by learned Sub-Divisional Judicial Magistrate, Dabwali has been partly allowed.
(2.) The brief facts of the case as mentioned in para 2 of the judgment of trial Court are as under:- "2....the complainant Rajni Rani moved an application to the Incharge Police Post Chautala for taking action against the accused above-named for threatening her and for attempting to rape her. It was contended by her that her husband is a driver. On 14.4.2008 her mother-in-law had gone to Dabwali for some domestic work. Her husband had gone to bus stand. Around 11.30 a.m. She was alone at her house along with her younger son aged about 4 years. The accused abovenamed trespassed into her house and tried to induce her younger son to go to the shop to purchase some thing by offering him one rupee but the child was not convinced. The accused embraced her and tried to rape her, upon which the child started crying. She also raised alarm. She tried to rescue herself from the accused. The accused threatened her that in case she would raise alarm would kill her but she continued raising alarm. Fortunately, her husband Rajender Kumar came from the bus stand and on seeing him the accused fled away by jumping over the back wall of their house. While leaving the spot he threatened them if the matter was reported to any one or to the police, they would face dire consequyences. On the basis of above contents of the application, the formal FIR was registered." After completion of investigation, challan was presented in the Court. The accused was charge sheeted under Sections 354, 451 and 506 of IPC, to which he pleaded not guilty and claimed trial.
(3.) After going through the entire evidence, the trial Court came to the conclusion that the prosecution has successfully established that the accused had trespassed into the house of the complainint with an intention to commit an offence and had tried to outrage her modesty Accordingly, the trial Court convicted the accused and sentenced to undergo RI for a period of 1 year and to pay a fine of Rs.500/- for the offence under Section 451 of IPC to undergo RI for a period of 2 years and to pay a fine of Rs.1000/- for the offence under Section 354 of IPC and for the offence under Section 506 of IPC to undergo RI for a period of 2 years and to pay a fine of Rs.1000/-. On an appeal against the judgment and order of the learned trial court, the learned appellate court modified the order of sentence and sentence of imprisonment of the accused was reduced to three months under Section 451 of IPC; 6 months under Section 354 of IPC and 3 months under Section 506 of IPC and as regards fine the same would remain intact.;