Gurvinder Kaur vs State of Punjab and Another

Sabina, J.—Respondent No. 2 was convicted under Sections 294 and 451 of the Indian Penal Code in FIR No. 4 dated 10.1.2002 registered at Police Station Payal District Ludhiana vide judgment dated 9.8.2005 by the Judicial Magistrate, Ist Class, Ludhiana. Vide order of the even date, he (respondent No. 2) was sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs. 1,000/- u/s 451 IPC and he was further sentenced with a fine of Rs. 2,000/- u/s 294 IPC. Aggrieved by the same, respondent No. 2 preferred an appeal and he was acquitted vide judgment dated 14.8.2008 passed by the Additional Sessions Judge, Ludhiana. Hence, Gurvinder Kaur-complainant has filed the present revision petition.

The case of the prosecution, as noticed by the Appellate Court in para Nos. 2 to 4 of its judgment, is reproduced herein below:

As per the version, of prosecution Gurmukh Singh @ Pappu is a married person who had deserted, his previous wife and has solemnized, second marriage. About one and half year ago, the accused entered, the house of complainant, Gurwinder Kaur, as she questioned him as to why he has entered her house, the accused replied that she intends to see a carpenter working on stairs of her house. The complainant, told the accused that he should have approached, the carpenter, at the place where he is working, instead of entering her house. However the accused, apologized but he sent a letter, by post which was opened by the complainant in the presence of his wife, who as per chance present in her house. The said letter, contained share i.e. Urdu Caplets. As advised by the wife of the accused, complainant destroyed the said letter received by post from the accused. Who owned money to her husband, on account of purchase of food articles, from the shop of her husband on credit.

On 06.01.2002, in the evening when the complainant was alone, in her house when accused came there and delivered her currency notes in the sum of Rs. 1100/- which he owned to her husband, for purchased of food articles on credit. As the complainant was counting the money, the accused delivered her an envelope containing a letter,with obscene material written therein and also bearing her photograph, separated out, of a group photograph. After departure of the accused polythene envelope was opened by the complainant and on reading the contents, she found that a letter contained, obscene material and her photograph affixed at the end. Complainant prayed in her complaint dated 08,01.2002 Ex PA addressed to SHO Police Station Railway road, Doraha for taking action against the accused,for trespassing into her house and delivering her letter,containing obscene material and her photographs.

The investigating Officer made his endorsement Ex PB/1at about 08.30 P.M. on 10.01.2002 on copy of complaint Ex. PB filed by complainant Gurwinder Kaur, wife of Harbans Singh a resident of Guru Teg Bahadur, Doraha, On the basis of ruqa sent by the Investigating Officer FIR Ex. PB/2 was registered at about .9.05 A.M. on even date at police station Payal District Ludhiana. The investigating Officer took into his custody, letter Ex PW3/A delivered, by the accused to the complainant from her possession, warped in a glazed paper containing 5 pages. He reached the place of occurrence and prepared rough site plan Ex. PC . He also recorded the statement of the witnesses u/s 161 Cr.P.C. and arrested the accused in the course of investigation.

Learned Counsel for the petitioner has submitted that the prosecution had been successful in proving its case. The learned Appellate Court had erred in acquitting respondent No. 2 of the charge framed against him.

The alleged incident had taken place in the evening of 6.1.2002. As per the case of the complainant Gurvinder Kaur, respondent No. 2 entered her house in the absence of her husband and gave her Rs. 1,100/-, which he owed to her husband for purchase of food articles on credit. While the complainant was counting the money, respondent No. 2 handed over an envelop containing a letter to her along with her photograph. When the complainant read the contents after respondent No. 2 had left, she found that it contained obscene material with her photograph fixed at one end.

Learned Additional Sessions Judge, Ludhiana, after examining the evidence led on record, observed that no offence u/s 451 IPC was made out as respondent No. 2 had not committed any house trespass for committing any offence, rather he had entered the house of the complainant with a view to re-pay the price of the food articles, which he had taken on credit. Admittedly, respondent No. 2 had delivered Rs. 1,100/- to the complainant.

Learned Appellate Court further observed that requirements of Section 294 IPC were also not made out as the offence had occurred inside the house and not at a public place. Moreover, the handwriting of respondent No. 2 on the alleged letter was not got compared during the course of investigation nor the person, who might have scribed the letters Ex. P-1 to P-5 was tried to be traced during investigation.

Learned Appellate Court also observed that from the evidence on record, it emerged that there was some money transaction between the complainant and respondent No. 2. It had also come in defence evidence that respondent No. 2 was illiterate. The reasons given by the Appellate Court, while acquitting respondent No. 2 of the charge framed against him, are sound reasons and call for no interference.

Accordingly, this revision petition is dismissed.