- (1.) Challenge in this appeal is the judgment and order dated 14.10.2014 passed by Smt. Gurvinder Kaur, Additional Sessions Judge, Bhiwani vide which the accused-appellant stood convicted under Section 506 of the Indian Penal Code ( in short the IPC) and under Section 12 of the Protection of Children from Sexual Offence Act, 2012 ( in short -the Act) and sentenced to undergo simple imprisonment for a period of one year under Section 506 of the IPC and further sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.10,000/- and in default of payment of fine to further undergo simple imprisonment for a period of one month under Section 12 of the Act. However, both the sentences were ordered to run concurrently.
(2.) The factual matrix gathered from the record is that on 25.02.2014, Pawan Kumar made a complaint to the police that his daughter aged 14 years was studying in 8th standard. About two months ago (from the date of complaint) accused/appellant used to block her passage and used to outrage her modesty and also used obscene langaugage. His daughter had suffered at the hands of the accused 3-4 times and he repeated this act on 25.02.2014 also in Punjabi Mohalla Galia Baliali and he also threatened her to criminally intimidate her. He threatened her not to disclose this much to any one in the family. Complainant further stated that earlier also he had gone to the house of the accused and asked his brothers to mend him and they assured but on 25.02.2014 his daughter disclosed to her mother that accused again tried to outrage her modesty and her mother went to the house of the accused and the accused was at home but all family members of the accused started abusing his wife and pushed her from their house. On the basis of his complaint, FIR was got recorded. The accused was arrested. Statements of the witnesses were recorded. After completion of the investigation, challan was presented in the Court.
(3.) On appearance of the accused, copies of documents as relied upon by the prosecution were supplied to the accused. The case was commited to the Court of Session vide order dated 9.5.2014 by learned Judicial Magistrate Ist Class, Bhiwani. The trial Court framed charges under Section 341, 354-D, 323 and 506 of the IPC and under Section 12 of the Act. Accused pleaded not guilty to the charges and claimed trial.;