IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Crl.Rev.Pet.No. 1012 of 2001 ---------------------------------------- CRL.A.NO.69/2001 OF SESSIONS COURT, KALPETTA, CC.NO.50/1997 OF JUDL.MAGISTRATE OF FIRST CLASS, SULTHANBATHERY. .................... PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------------- POULOSE, S/O. CHACKO, AGED 54 YEARS, MELEKUDIYIL HOUSE, KOLIYADI, NENMANI AMSOM, S. BATHERY. BY ADVS. MR.S.M.PRASANTH, MR.V.A. MATHAI, MR.K.I. JAYASANKAR. RESPONDENT/RESPONDENT/COMPLAINANT: ------------------------------------------------------------------ STATE, REP. BY THE SUB INSPECTOR OF POLICE, S. BATHERY, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. PUZHAKKARA MUHAMMED. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/10/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. CRL.R.P.NO.1012/2001: ORDER ON CRL.M.P. NO. 4793/2001 IN CRL.R.P. NO.1012/2001 DISMISSED 14/10/2009. SD/- P.Q.BARKATH ALI, JUDGE. //TRUE COPY// P.S. TO JUDGE. Prv. P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P.No. 1012 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 14th day of October, 2009 O R D E R Revision petitioner is the accused in C.C.No.50 of 1997 of the Judicial Magistrate of the First Class-I, S. Bathery and the appellant in Crl.A.69 of 2001 on the file of the Sessions Court, Wayanad. He was convicted under section 509 IPC and sentenced to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for three months. Out of the fine amount Rs.2,500/- was ordered to be paid to PW2 de facto complainant under section 357(1) of the Code of Criminal Procedure. On appeal by the accused, the lower appellate court confirmed the conviction and sentence of the revision petitioner. 2. The case of the prosecution, as shaped in evidence, before the trial court is that on November 22, 1996 at about 6.15 P.M. while PW2, a lady Police Constable in civil dress was traveling in a K.S.R.T.C. bus bearing registration No.KL-15/0281, the accused abused her using obscene language intending to insult the modesty of PW2 and thereby committed the offence punishable under section 509 IPC. 3. The accused on appearance before the trial court, pleaded not Crl.R.P.1012/01 2 guilty to a charge under section 509 IPC. PWs. 1 to 4 were examined and Exts.P1 to P3 were marked on the side of the prosecution. When the accused was questioned under section 313 Cr.P.C., he denied the entire incident. No evidence defence evidence was adduced. The trial court, on an appreciation of the evidence, found the accused guilty of the offence punishable under section 509 IPC, convicted him thereunder and sentenced him as afore said. On appeal by the accused, the appellate court confirmed the conviction and sentence. The accused has come up in revision challenging his conviction and sentence. 4. The following points arise for consideration in this revision petition:- 1) Whether the conviction of the revision petitioner under section 509 IPC, which is confirmed by the lower appellate court in appeal can be sustained? 2) Whether the sentence imposed against the revision petitioner is excessive or unduly harsh? 5. PWs.1 to 4 were examined and Exts.P1 to P3 were marked on the side of the prosecution. PW2 the de facto complainant testified before the trial court that while she was returning to house after her duty in a K.S.R.T.C. bus bearing registration No. KL-15/0281, she saw two persons sitting in one of the seats reserved for the ladies and at the request of the Crl.R.P.1012/01 3 Conductor, one of the men vacated the seat, but the other person continued to sit there, that PW2 asked him to vacate the seat and thereupon the accused who was standing in front of PW2 uttered obscene words on her. On the next day she gave Ext.P1 complaint to PW4, the then Sub Inspector of Police, Sulthanbathery who registered Ext.P2 F.I.R. PW4 who prepared Ext.P3 scene mahazar recorded the statement of the witnesses, arrested the accused and filed charge sheet before the trial court. I have gone through the evidence of PW2, the certified copy of which is produced by the learned counsel for the revison petitioner, as the lower court records are not called for in this case. I find no reason to disbelieve her evidence. Further she has no prior acquaintance with the accused to foist a false case against him. That apart, her evidence is supported by PW1, another passenger of the bus. Her evidence was not shaken in cross-examination. The learned counsel for the revision petitioner has produced a true copy of the deposition of PW1 also. I have gone through the evidence of PW1. He corroborated the evidence of PW2 in all material particulars. In find no reason to disbelieve his evidence. PW3 another eye witness to the incident turned hostile. On going through the evidence of PWs.1 and 2, I feel that the trial court is perfectly justified in believing their evidence and coming to the conclusion that the prosecution has succeeded in establishing its case. That being so, Crl.R.P.1012/01 4 the conviction of the revision petitioner under section 509 IPC has to be confirmed. 6. As regards the sentence, the trial court has imposed a fine of Rs.5,000/-, in default to undergo simple imprisonment for three months, which is confirmed in appeal. The incident occurred on November 22, 1996, about 13 years ago. Taking into consideration these aspects, I feel that a fine of Rs.2,500/- would meet the ends of justice. 7. In the result, the revision petition is allowed in part. The conviction of the revision petitioner under section 509 IPC rendered by the trial court, which is confirmed in appeal is upheld. The sentence is reduced to a fine of Rs.2,500/-, in default to undergo simple imprisonment for one month. The revision petitioner has already deposited Rs.2,500/-, out of the fine amount, before the trial court. The said amount shall be given to PW2 as compensation under section 357(1) Cr.P.C. P.Q. BARKATH ALI, JUDGE mn Crl.R.P.1012/01 5 P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Crl.R.P.No. 1012 of 2001 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= O R D E R 14th day of October, 2009