THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.471 OF 2011
JUDGMENT:
This revision is filed by the petitioner challenging the Judgment of the V Additional District & Sessions Judge, Medak at Sangareddy in Crl.A.No.9 of 2009, dt.24.02.2011, modifying the conviction imposed by the Assistant Sessions Judge, Zaheerabad, in S.C.No.467 of 2008 dt.27.01.2009.
2. The revision petitioner was convicted by the learned Assistant Sessions Judge, Zaheerabad, for the offence under Section 354 and 323 of the Indian Penal Code.
3. The victim who was examined as PW1 stated that she went to witness a drama in the village along with her son. After witnessing the drama, she came back to her house around 10.00 P.M. His son did not accompany her for the reason of playing with other children. While, she was going towards Pochamma temple in the dark in search of her son, the accused came across and asked to fulfill his desire. The victim (PW1) refused and then the accused caught hold of her hands and beat her. She sustained an injury as the petitioner beat on her stomach with his legs.
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4. The learned Assistant Sessions Judge found that the deposition of PW1 is convincing and accordingly convicted the petitioner.
5. The learned Additional Sessions Judge, Medak, finds no infirmity in the finding of the learned Assistant Sessions judge and confirmed the conviction, however, reduced the sentence of the Rigorous Imprisonment to a period of two years under Section 354 of the Indian Penal Code by setting aside the sentence of Rigorous Imprisonment of 5 years and sentenced to one year under Section 323 of the IPC by imposing a fine of Rs.1,000/-.
6. As seen from the evidence of PW1, the petitioner insisted her to fulfill his desire and when she refused, the petitioner beat PW1 and in the said process she sustained injury. Asking the victim (PW1) to fulfill his desire would fall under Section 509 of the Indian Penal Code for making adverse comments and also intruding upon the privacy of a woman.
7. Thereafter, the petitioner had beaten her with legs on her stomach. The said act even according to the petitioner was not with an intent to outrage her modesty but for refusing to fulfill his desire.
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8. In the said circumstances, the offence of Section 323 is also attracted.
9. For the aforementioned reasons, the petitioner is convicted for the offence under Sections 509 and the conviction under Section 354 of the Indian Penal Code is set aside. However, the petitioner shall undergo imprisonment of three months for the offence under Section 509 of the Indian Penal Code and 323 of the Indian Penal Code.
10. Accordingly, the Criminal Revision Case is partly allowed. The concerned Court shall cause appearance of the petitioner and send him to prison to serve out the sentence.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Dt.: 26.12.2022 tk 4 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No. 471 OF 2011 Dt. 26.12.2022 tk