Research › Search › Judgment

Punjab High Court · body

2015 DIGILAW 2331 (PNJ)

Lakhwinder @ Lakhvir @ Lakhi v. State of Haryana

2015-12-21

ANITA CHAUDHRY

body2015
JUDGMENT Mrs. Anita Chaudhry, J.: - The appellant was tried by the learned Additional Sessions Judge, Sirsa in FIR No. 320 dated 09.08.2014, registered at Police Station Rania, under Section 354-A(i) IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012, on the allegations that on 08.08.2014 he molested the prosecutrix. 2. The prosecution produced ten witnesses at the trial. 3. On conclusion of trial, the Court below held him guilty under Section 354-A(i) IPC only and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.5000/-. The fine on realization was ordered to be paid to the prosecutrix as compensation. In default of payment of fine, further rigorous imprisonment for two months was awarded. The trial Court also forwarded the matter to the Chief Judicial Magistrate-cum-District Legal Services Authority, Sirsa for grant of compensation to the prosecutrix. 4. Dis-satisfied with the same, instant appeal has been filed. 5. Today, the matter was posted for consideration on the application for suspension of sentence of the appellant. However, learned counsel for the appellant has urged for taking the main appeal for hearing and has restricted his prayer only to the quantum of sentence. 6. Main appeal is taken on board for hearing today itself. 7. It has been contended by learned counsel for the appellant that the appellant is 22 years old and he is in custody for the last more than seven months. He prayed for a lenient view in the matter of sentence. 8. The learned State counsel had urged that considering the offence, no leniency should be shown. 9. Custody certificate shows that the appellant had undergone 05 months and 24 days’ sentence as on 31.10.2015, meaning thereby, he has undergone more than seven months of sentence till date. The appellant is a young boy of 22 years. In the considered opinion of the Court, ends of justice would met if the sentence awarded to the appellant is reduced to the period already undergone by him. 10. For the reasons above, the conviction of the appellant is maintained. However, keeping the circumstances into view, the sentence awarded to the appellant is reduced to the period already undergone by him. Sentence of fine is maintained. He be released forthwith, if not required in any other case. 11. With the above modification, the instant appeal stands disposed of.