Telangana High Court
G.Jagadishwar Jagadish, vs State Through Sho.,, Of P.S., on 7 July, 2022
Bench: K.Surender
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.834 OF 2008
JUDGMENT:
1. Questioning the conviction of the appellant under
Section 354 of IPC and sentencing him to undergo rigorous
imprisonment for a period of five years and to pay fine of
Rs.5,000/-, in default, to suffer simple imprisonment for a
period of three months vide judgment dated 02.06.2008 in
S.C.No.165 of 2007 passed by the Metropolitan Sessions
Judge, Hyderabad, the present appeal is filed.
2. The case of the prosecution is that the defacto
complainant, who was not examined in the court during
trial filed complaint stating that she came down to
Hyderabad on tourist visa and she along with two others,
who belong to USA were going to office at Street No.7, West
Marredpally. In the meantime, one person, later identified
as the accused wearing yellow dress stretched his hand to
shake hands and he tried to kiss on her lips, but when she
avoided, she kissed her on her cheek. Further, he has
placed his hands on her chest and he also stretched his
hands towards P.W.1. Due to the said acts, the appellant
had outraged her modesty and insulted her. She informed
the same to the Administrative Officer of the institution at
the West Marredpally, who apprehended the accused person
namely Jagadish and he was taken to the police station and
complaint was lodged.
3. In support of the prosecution case, though the defacto
complaint failed to appear before the Court during the
course of trial, her friend who was examined as P.W.1 stated
about the incident that took place on 13.03.2007. P.W.1
who was allegedly present at the scene had stated that the
accused had in fact kissed her friend on her cheek and also
placed his hands on her chest and also he extended his
hand to P.W.1, but she refused. P.W.2 is the Administrative
Manager in West Marredpally, the office where PW.1 and her
friend went and on complaining, the accused was
apprehended by PW2 and others and handed over to the
police.
4. Learned counsel for the appellant submits that it is
highly improbable that a stranger was caught only on the
basis of his shirt colour and there would be several persons
wearing the said yellow shirt and the appellant has been
falsely implicated. He further submits that since the defacto
complainant was not examined, the evidence of P.W.1, who
was allegedly present at the scene, cannot be considered to
convict the accused for the offence under Section 354 of
IPC.
5. Learned Assistant Public Prosecutor submits that in
fact, after kissing the defacto complainant, the appellant
also tried to kiss P.W.1, for which reason, non examination
of the defacto complainant cannot be considered as fatal to
the prosecution case. The evidence of P.W.1 is clear and
convincing and cannot be said that the appellant has been
falsely implicated. The evidence of P.W.1 is corroborated
with the evidence of P.W.2, who knowing about the incident,
searched for the accused here in and after identification, he
was apprehended and handed over to the police in the police
station. At the time of lodging complaint, the appellant was
also taken to the police station, for which reason, there
cannot be any element of doubt regarding the prosecution
case and false implication of the appellant cannot be
believed.
6. The alleged offence took place on 13.03.2007 and the
appellant was aged 23 years. The counsel for the appellant
submits that the appellant is now aged 38 years and his
wife and two children are dependent on him and further his
parents also depend on him. In the said circumstances,
since the offence had taken place 15 years ago, and there
are no other questionable antecedents as far as the
appellant is concerned, this Court is of the opinion that the
appellant can be released on probation of good conduct
under Section 360 of Cr.P.C.
7. In the result, the Criminal Appeal is disposed off
by invoking Section 360 of Cr.P.C and accordingly sentence
is set aside in SC No.165 of 2007, dated 02.06.2008. Since
the appellant is already on bail, the bail bonds shall stand
cancelled.
As a sequel thereto, miscellaneous petitions, if any,
pending, shall stands closed.
__________________
K.SURENDER, J
Date: 07.07.2022
kvs
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.834 OF 2008
Date: 07.07.2022.
kvs
