IN 'EHB HISH eOQBS W >roBX(3 v. NONS.APPl.aigftEB'

HIGH COURT OF CHHATTISGARH AT BILASPUR Criminal Revision No. 176 of 2002 Applicant Shailendra Kumar Thakur Non-applicant State of Chhattisgarh Vs Present: Mrs. Renu Kochar, counsel for the applicant. Mr. Arvind Ku. Dubey, Panel Lawyerforthe State. ORDER (Passed on 11 May, 2012) G. Minhaiuddin, J

This criminal revision has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure against judgment dated 2 January, 2002 passed by Sessions Judge, Rajnandgaon in Cr.A.No.91/01, arising out of the judgment dated

17.8.2001 passed by Judicial Magistrate First Class, Ambagarh Chowki, Distt. Rajnandgaon in Cr.Case No.408/2000, whereby the learned Sessions Judge while maintaining conviction of applicant under Section 509 of the IPC, reduced the sentence to fine of Rs.300/- with default stipulation, setting aside the sentence of six months' Sl.

Case of the prosecution, in nutshell, is that complainant Miss Renubala Clemins was posted as Staff Nurse at Primary Health Center, Ambagarh Chowk.i, Distt. Rajnandgaon in the year 2000 and at that time, the applicant was posted there as Lab Technician. The applicant used to do objectionable acts towards the complainant, in respect of which she had number of times complained to her immediate superior i.e. Block Medical Officer. In the intervening night of 18th & 19th October, 2000 she (complainant) had performed "s"'s ~& •I '-I S3&,. I ~"8 / o y night duties and was taking rest on the following day i.e. 19 October, 2000 at her official residence when in between 12-1 in the noon the applicant in a drunken state came to her house and knocked at her door. When she opened the door to see as to who had knocked at the door, she saw the applicant going out of the gate of her courtyard. After that she closed the door and again slept as she had performed night duties in the previous night. However, at about 3 pm on the same day, again the complainant heard somebody knocking at her door and on opening the door, she found the applicant standing there and when she took out her slipper to beat him, he ran away from there. Immediately thereafter, she reported the matter to her colleague Harsh Kumar Meshram and complained about the objectionable act of the applicant to her boss - Block Medical Officer through awritten complaint (Ex.P/1), which was forwarded by the Block Medical Officer to Police Station - Ambagarh Chowki, on the basis of which FIR (Ex.P/2) was registered against the applicant for the offence punishable under Section 509 of the IPC. After completing usual investigation, charge sheet was filed in the Court of Judicial Magistrate First Class, Ambagarh Chowki, who conducted trial.

Learned trial Court after hearing counsel the parties and considering the material available on record, by the judgment dated

17.8.2001 convicted the applicant under Secfion 509 of the IPC and sentenced him to undergo Sl for six months, pay a fine of Rs.300/- and in default thereof, to undergo additional Sl for one month. On appeal, the learned Sessions Judge, Rajnandgaon by the impugned judgment while maintaining convic{jon of the applicant under Fii^^i^i^i^^ '«. ..f 'ssswss~ Section 509 of the IPC, modified and reduced the sentence to fine of Rs.300/- and in default thereof, Sl for one month, setting aside Sl for six months.

Heard learned counsel for the parties, perused the lower Court records as well as the judgments of the Courts below.

In respect of the incident, complainant Miss Renubala (PW 1) has stated that she was posted as Staff Nurse and the applicant was posted as Lab Technician at Primary Health Center, Ambagarh Chowki at the relevant time. The applicant used to do obscene acts towards her. She has further stated that in the intervening night of 18th and 19th October, 2000, she had performed her night duties and was taking rest on the following day i.e. 19 October, 2000 at her official residence when the applicant in a drunken state came to her house and knocked at her door in between 12-T in the noon. When she opened the door, she saw the applicant going out from the gate of her courtyard. She has further stated that after about 2 hours at 3 pm, again she heard somebody knocking at her door and when she opened the door, she found the applicant standing there. When she took out her slipper to beat him, he ran away from there. Thereafter, she immediately narrated about the incident to his colleague Harsh Kumar Meshram (PW 2) and on the next day complained about the objectionable acts of the applicant to the Medical Officer through a written complaint (Ex.P/1), which was forwarded by him to Police Station - Ambagarh Chowki, on the basis of which FIR (Ex.P/2)was registered against the applicant.

The statement of complainant Miss Renubala (PW 1) has been duly corroborated by the statement of Har^b Kumar Meshram (PW 2).

Regarding submission of written complaint (Ex.P/'l) before the Block Medical Officer and the same being forwarded to Police Station Ambagarh Chowki, on the basis of which 'FIR (Ex.P/2) was registered, the statement of Miss Renubala (PW 1) corroboration from the statements of Medical Officer Dr. M.P. Maheshwar (PW 3), Head Constable Rajkumar (PW 4) and Sub Inspector H.L. Shukla as well as by FIR (Ex.P/2).

Thus, from the evidence adduced, it stands proved that with intent to insult the modesty of Miss Renubala (PW 1) that the applicant by "•'-^--^^^^ ^•w.^^^v^ knocking at her door had definitely intrudesd upon her privacy and thereby committed an offence punishable under Section 509 of the IPC and the leamed appellate Court has not committed any illegality, impropriety or irregularity in maintaining the conviction of the applicant under Section 509 of the IPC. So far as quantum of sentence is concemed, the same being just and pFoper needs no w / interference. E{SE:£3B<g

In the result, the criminal revision being without any substance is hereby dismissed. The impugned judgment dated 2nd January, 2002 passed by Sessions Judge, Rajnandgaon in Cr.A.No.91/01 convicting and sentencing the applicant under Section 509 of the "IPC is hereby affirmed. .-- y '.'— G^^ddln judge.