RAJESH BINDAL, J. - (1.) THE petitioner is before this Court in present revision petition challenging the order dated 19.3.2008 passed by the learned Additional Sessions Judge (Fast Track Court), Bathinda, whereby, in appeal the conviction of the petitioner by the learned Judicial Magistrate 1st Class, Talwandi Sabo, vide judgment dated November 25, 2006, was upheld.
(2.) THE petitioner is an accused in FIR No. 48 dated June 09, 2002 under Sections 452/323 IPC registered at Police Station Maur. The petitioner was originally booked for offences committed under Sections 376, 511, 452 and 323 IPC but after investigation by Deputy Superintendent of Police, offences under Sections 376/511 IPC were not made out. Briefly, the facts are that Hukma Devi wife of Gandhi Ram s/o Buta Ram was residing in village Maur Khurd for the last 15 years. Her husband is a labourer. On the date of occurrence i.e.9.6.2002 at about 8.30 a.m., her husband had gone out to answer the call of nature. Her parents had also come on that day to express condolence on account of the death of some relative in the neighbourhood. Hukma Devi along with her minor children, was alone at home when the petitioner, who resided in the vicinity, trespassed into her house and started dragging her in one of the room. In spite of her resistance, he torn off her clothes. Even the string of her Salwar gave away. On her raising alarm, even her minor children started crying. Hearing the alarm, her parents who had gone in the neighbourhood, immediately came at the spot and seeing them the petitioner fled away from there. It was only because of the intervention of her parents that she could be saved from the evil designs of the petitioner. She suffered injuries on her chest, arms and abdomen. She was admitted in Civil Hospital, Maur.
(3.) AFTER considering the entire material on record, the learned Magistrate convicted the petitioner for offences committed under Sections 354, 451 and 323 IPC and sentenced him to undergo rigorous imprisonment for six months each for the commission of offence under Sections 354 and 451 IPC and also six months rigorous imprisonment for the commission of offence under Section 323 IPC and also to pay a fine of Rs. 300/-. In default of payment of fine, he was also sentenced to undergo rigorous imprisonment for a period of 30 days. The conviction and sentence were maintained by the learned Additional Sessions Judge, Bathinda.;