Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1401 of 2011 1. Ramesh Koeri Son of Ram Rakchhaya Koeri. 2. Nanhey @ Nanhak Yadav @ Nanhai Yadav Son of Ram Balak Yadav. Both resident of Village- Kajhapa, P.S. Rafiganj, District- Aurangabad. Versus The State of Bihar. ---------------------------------- For the Petitioners:- Mr. Bindeshwar Prasad Singh, Advocate. For the State:- Mrs. Indu Bala Pandey, A.P.P. -------------------------- 3. 23.01.2012 Learned counsel for the petitioners and Mrs. Indu Bala Pandey, learned A.P.P. for the State are present. This revision is directed against the appellate order dated 21.7.2011 passed by the 1st Additional Session Judge, Aurangabad in Cr. Appeal No. 95/94/87/02 by which the Judgment and Order of conviction and sentence dated 26.4.94 passed by the S.D.J.M., Aurangabad in G.R. No. 2/90, Tr. No. 228/94, convicting and sentencing the petitioners, has been upheld. By the said order of the Trial Court the petitioners were convicted and sentenced to undergo rigorous imprisonment for two years each for offences under [STATUTE] and further to undergo simple imprisonment for one year each for offences under [STATUTE] . Both the sentences were to run concurrently. 2 Earlier the lower Court records had been called for by order dated 21.11.2011. The same have since been received and are on record. Learned counsel for the petitioners submits that the allegations against the petitioners is house tresspass and also misbehaving with the women and they are allegedly falsely implicated. In view of the concurrent findings of the trial Court as well as the appellate Court, this Court would not like to interfere with the conviction of the appellants. However, in view of the fact that the appellants are in custody since 27.9.2011, the order of sentence is modified to the period already undergone in custody. The petitioners shall be released from jail forthwith, if not wanted in any other case. This application stands disposed off with the aforesaid modification in the order of sentence. Let the order be communicated to the Court below through fax upon the requisite fee being deposited on behalf of the petitioners. Let the lower Court records be returned to the Court concerned. Anand Kr. (Ahsanuddin Amanullah, J.)

Applicable IPC Section: 509

Statute Text:
Section 509 of the Indian Penal Code. Uttering any word or making any gesture intended to insult the modesty of a woman, etc. Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.