High CourtsSingle Bench(2003) 01 P&H CK 0188

Smt. Vidhyawati @ Lali and Jita Ram vs Om Parkash, Rajesh and State of Haryana

Punjab And Haryana At Chandigarh · Decided on 15 January 2003

HON’BLE JUDGES
Ashutosh Mohunta, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 468 of 1992

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Judgment

4 paragraphs · 211 words

Ashutosh Mohunta, J.—This is a revision against the order dated 16.3.1992 passed by the sessions Judge, Narnaul, by which the accused were ordered to be released on probation and were directed to pay a sum of Rs. 500/- each as compensation to the complainant.

2.

Learned counsel for the complainant has contended that the accused have tried to outrage the modesty of the petitioner_Vidhyawati @ Lali by catching hold of her breasts. Therefore, the accused should not have been let off lightly by the trial Court, by releasing them on probation subject to the condition that they pay a compensation of Rs. 500/- each to the complainant.

3.

A perusal of the judgment shows that the occurrence took place on 18.3.1990 on which date the accused are alleged to have caught hold of the complainant-Lali. Occurrence was witnessed by PW3. Lali deposed about the manner in which the accused misbehaved with her.

4.

There is no doubt that the accused misbehaved with the complainant in a very obscene manner. She was a married lady. However, the accused were released on probation as they were the first offenders. The case is almost 13 years old, therefore, I do not consider it proper to interfere in the findings of the Sessions Judge, Narnaul.