IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.1228 of 2002 Date of Decision: May 04, 2009 Darshan Singh ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Daldeep Singh,Advocate, for the petitioner Mr.Sidharath Sarup, Assistant Advocate General, Haryana ** Sabina, J. Petitioner was convicted under Sections 354 and 452 of the Indian Penal Code (`IPC' for short) vide judgment dated 17.12.1999 by the Sub Divisional Judicial Magistrate Siwani. Vide order of even date, petitioner-Darshan Singh was sentenced to undergo rigorous imprisonment for one year under Section 354 IPC and to undergo rigorous imprisonment for one year with fine of Rs.500/- under Section 452 IPC. Both the sentences were ordered to run concurrently. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by the Additional Sessions Judge, Bhiwani vide judgment dated 14.5.2002. Hence, the present revision petition. The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are as under:- “ Brief facts and circumstances giving rise to this appeal are that prosecution filed a challan against the accused for his trial for an offence punishable under Sections 451, 354 of the Indian Penal Criminal Revision No.1228 of 2002 -2- Code on the brief allegations that prosecutrix (Smt.Santosh) was married with Dharampal about 10 years back. She was blessed with two sons aged about 8 years and 5 years. On the intervening night of 24/25-4-1995 she was sleeping in a chhapar house all alone because her husband was out to her parents house. At about 2.00 A.M. (in the night), the above-named accused entered in her house and who caught hold of her hand and breast. Her son was also sleeping alongwith her, who was pushed down from the cot. She raised an alarm and on hearing her noise, her mother-in-law named Smt. Rampiyari and her two sister-in-law namely Mirgha and Roshni Devi were attracted. Smt. Roshni tried to caught hold accused from her vest but he ran away whereas a torn piece of his vest remained in the hands of Smt.Mirgha Devi. A meesage was sent to inform Dharampal husband of prosecutrix and who came back on 25.4.1994. The matter was reported to him. Both complainant and her husband named Dharampal approached their counsel. Shri Om Parkash and who asked them to come on the next day because of the darkness of the night. Complainant along with her husband again visited to police station and made a statement to the Station House Offier. Police Station Siwani and who after lodging a first information report under Section 451/354 of the Indian Penal Code investigated the case. He arrested the accused on 28.4.1994. He also recorded the statements of witnesses. On completion of necessary investigation, then challan was presented before the trial court for the trial of the accused." Learned counsel for the petitioner, during the course of Criminal Revision No.1228 of 2002 -3- arguments, has not challenged the conviction of the petitioner under Sections 354/452 IPC but has submitted that the sentence qua imprisonment be reduced to already undergone by the petitioner. Learned counsel has further submitted that the petitioner is facing the criminal proceedings since the year 1995. Petitioner is not a previous convict and has undergone three and a half months of actual sentence. Accordingly, keeping in view the submissions made by the learned counsel for the petitioner, it is a fit case where the sentence qua imprisonment is liable to be reduced to already undergone by the petitioner. Hence, the conviction of the petitioner under Sections 354/452 IPC is maintained and the sentence qua the imprisonment of the petitioner is reduced to already undergone by him Petition stands disposed of. (Sabina) Judge May 04, 2009 arya