C.R.R. No.3210 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.R. No.3210 of 2010 (O&M) Date of Decision : 24.02.2011 Naval Kishore ……Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. R.S. Manhas, Advocate for the petitioner. Mr. S.S. Chandumajra, D.A.G., Punjab. *** AJAY TEWARI, J. (Oral) This petition has been filed against the judgment dated 06.01.2010 passed by the learned Judicial Magistrate, Ist Class, Gur- daspur and the judgment dated 23.11.2010 passed by the learned Additional Sessions Judge (Adhoc), Fast Track Court, Gurdaspur, whereby the petitioner has been convicted and sentenced to undergo as under:- C.R.R. No.3210 of 2010 (O&M) -2- (a) Under Section 341 IPC Simple imprisonment for 1 month with fine of Rs.500/- and in default of pay- ment of fine, convict will undergo fur- ther ample imprisonment for 10 days. (b) Under Section 354 IPC Rigorous imprisonment for 2 years with fine of Rs.2000/- and in default of payment of fine, the convict will un- dergo further rigorous imprisonment of 2 months. On 06.12.2010 the following order was passed:- “It appears that there is scope for inter- ference in quantum of sentence. Notice of motion for 24.01.2011. Notice re: bail as well.” After going through the facts of the case and judgments of the learned Courts below, it transpires that the petitioner was found guilty of having forcibly caught the prosecutrix and kissing her. Learned counsel for the petitioner has particularly stressed on that portion of the testimony of the prosecutrix where she states that the accused had earlier also tried to outrage her modesty on four occasions and after that compromise had been effected be- tween both of them. He further states that this fact clearly shows that the case is not as cut and dried as the prosecution has sought to project and the possibility of reciprocity in the feelings cannot be ruled out. C.R.R. No.3210 of 2010 (O&M) -3- Learned Deputy Advocate General, Punjab has however argued that what the petitioner did was not only socially impermissi- ble but also a serious offence, more so in the social context of India. In these circumstances, taking a conspectus of all the facts, I deem it appropriate to reduce the sentence of the petitioner to 4 months instead of 2 years even while upholding his conviction. Ordered accordingly. Petition stands disposed of. ( AJAY TEWARI ) February 24, 2011 JUDGE ashish