Mohd. Yamin, J. - (1.) This revision petition is directed against the judgment of learned Additional Sessions Judge No. 1, Sriganganagar dated 13.12.1999 by which he dismissed the appeal of the accused-petitioner. Accused-petitioner faced trial under section 354 IPC for outraging the modesty of Smt. Parmender Kaur on 3.2.1994 while she alongwith her husband and brother and the accused-petitioner was travelling in truck No. RDB-G-0642.
(2.) The story of the prosecution was that Parmender Kaur is a nurse and was posted at H.C. Sub Centre 3-JJ. She was with her husband on the date of occurrence. Her brother Jaswant Singh was the driver on the said truck came alongwith Mandhir Singh who was the owner of the truck. Both of them took food with Parmender Kaur and her husband. Jaswant Singh told that since his father was not keeping well they should visit him. Smt. Parmender Kaur also requested her husband to accompany and then all of them travelled in the truck. They started at about 6.30 p.m. for Ganganagar. Smt. Parmender Kaur and her husband were sitting on the rear seat behind the driver's seat. Accused-petitioner also sat on that seat nearby Parmender Kaur while Jaswant Singh was 'driving the truck. It is alleged that the accused-petitioner taking benefit of the darkness in the truck started molesting Smt. Parmender Kaur. He not only pressed her breasts but touched other part of her body including her private part. Ultimately Smt. Parmender Kaur slapped the petitioner and then her husband came to know about the event. The truck was stopped, accused-petitioner ran away leaving one of his shoes in the truck.
(3.) Report was lodged by the husband of Smt. Parmender Kaur and after investigation challan was submitted before Additional Chief Judicial Magistrate, Sriganganagar. Accused-petitioner denied the allegation when accusation was read over to him on 5.9.1997. Then Smt. Parmender Kaur, Sukhdev Singh and Chhotu Ram were examined on behalf of the prosecution. Jaswant Singh could not be examined as he died when the trial was going on. The defence of the accused-petitioner was of the enmity with the witnesses but the same was not accepted by the trial Court. Accused-petitioner was convicted for offence under section 354 IPC and sentenced to six months' rigorous imprisonment with a fine of Rs. 100/- and in default to undergo one month's simple imprisonment. On appeal the same was confirmed. Hence this revision.;