1 2025:CGHC:18917 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 35 of 2015 1 - Parasar @ Prasar And Ors. S/o Mukutram Aged About 22 Years R/o Of Village Thothapur Khapari P.S. Pathariya Revenue And Civil District Bilaspur C.G. , Chhattisgarh 2 - Roshan Kumar S/o Krishna Kumar Rajput Aged About 21 Years R/o Of Village Thothapur Khapari P.S. Pathariya Revenue And Civil District Bilaspur C.G. , District : Bilaspur, Chhattisgarh 3 - Lomash Kumar S/o Taran Singh Aged About 19 Years R/o Of Vil- lage Thothapur Khapari P.S. Pathariya Revenue And Civil District Bi- laspur C.G. , District : Bilaspur, Chhattisgarh 4 - Ajay Kumar S/o Mukutram Lodhi Aged About 19 Years R/o Of Vil- lage Thothapur Khapari P.S. Pathariya Revenue And Civil District Bi- laspur C.G. , District : Bilaspur, Chhattisgarh ---Appellants Versus State Of Chhattisgarh S/o Through Police Station Pathariya Revenue And Civil District Bilaspur C.G. , Chhattisgarh 2 --- Respondent ---------------------------------------------------------------------------------------------- For Appellants : Mr. Praveen Kumar Tulsyan, Advocate For State : Mr. Jitendra Shrivastava, Govt. Advocate ---------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 25.04.2025 1. With the consent of learned counsel for the respective parties the matter is heard finally. 2. This Appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, has been preferred by the appellants against the impugned judgment passed in Special Sessions Case No. 29/2012 by the Court of learned Special Judge (Atrocities), Bilaspur, Chhattisgarh (Annexure A/1) dated 24.12.2014 , whereby the trial Court has convicted and sentenced the appellants as under:- Conviction Sentences Under Section 354 of the In- dian Penal Code(Twice) R.I. for 01 year (Twice) with fine of Rs. 500/- (Twice) to each, failing which further R.I. for 01 month to each for each convic- tion. Under Section 323 of Indian Penal Code (Four times) R.I. for 03 months (four times) with fine of Rs. 500/- (four times) to each, failing which further R.I. for 01 month to each for each conviction. All the sentences to run concurrently. 3 3. The case in nutshell is that complainant lodged an FIR against the present appellants on 15th June, 2011 stating that at around 2:00PM that she along with her elder sister was going for answering the nature’s call, at that time the appellants with the intent to outrage their modesty held her elder sister’s hand upon which she started shouting. The appellants started hitting her with fists and hand, thereafter they grabbed the chest of her sister. They both shouted and ran towards their home. Upon hearing their voice, their mother and elder sister came to rescue them. The appellants started abusing them using filthy language based on castes. They even hit their mother and elder sister with stick due to which they received grievous injuries on forehead and head. Thereafter threatened them to kill. 4. After due investigation, the appellants accused were tried for the offence punishable under Section 294, 353,323(four times), 506 of Indian Penal Code and Section 3(1)(10), 3(1)(11) of Scheduled Caste and Scheduled Tribe (Atrocities Act). 5. In order to prove the case, prosecution examined as many as 10 witnesses in its favour. And thereafter the accused appellants statements were recorded by the trial court under Section 313 of the Cr.P.C. They abjured the charges and pleaded innocence and prayed for trial. 6. After perusal of the record learned trial court as upon consideration of the case and the documents submitted 4 therewith and after hearing the submission of the accused respondents and the prosecution in this case found that there is sufficient ground for considering the charges against the accused, therefore,learned Trial Court held the prosecution has failed to prove the offence punishable under Section 294, 506 of Indian Penal Code and Section 3(1)(10) and Section 3(1)(11) of the SC and ST Act and acquitted the appellants. However, held that the appellants are punishable for the offence under Section 354 and 323 of the Indian Penal Code. But, Taran and Krishna Kumar who were also involved in the case as per the prosecution story, were acquitted from all the charges leveled against them. They both were released from the offence under Section 354 and 323 of the Indian Penal Code. 7. Learned counsel for the appellants contended that the impugned judgment dated 24.12.2014 is perverse, erroneous, contrary to law, facts and circumstances of the case. He submitted that in the instant case prosecution has not been examined independent eye witness. The medical report is not corroborated with the case of the prosecution. He also submits that huge omission and contradiction in the statement of the prosecutrix, victim and other witness. The prosecution has failed to prove the case against the appellants beyond reasonable doubt. The conviction is based on uncorroborated testimony of the witness. 8. On the other hand learned counsel for the respondent opposed the prayer made by the learned counsel for the appellants by 5 stating that the prosecution has not failed to prove its case beyond any doubt. Moreover there seems to be cognizable ground upon which this appeal deserves to be dismissed. Hence, prays for dismissal of the present appeal. 9. I have heard learned counsel for the respective parties at length and perused the record with utmost circumspection. 10. PW-03 in her statement has stated that she along with her sister was going to answer the nature’s call, at the same time accused Roshan, Parasar, Lomash and Ajay tried to grab their chest and started abusing them. On shouting , one person name Jagdhar came then the accused ran away. As soon as Jaghar went from that place the accused again and on again shouting our mother came and the accused by way of hand and fist assaulted them. 11. The statement given by PW-03 was supported by PW-04. 12. However, considering the statements of complainant and other witnesses, it is crystal clear that the appellant stopped the complainant when she along with her sister was going to answer the nature’s call. Thereafter, the accused snatched them and tried to grab their chest and thus tried to outrage the modesty of the complainant and her sister, hence, the trial Court has rightly convicted the appellant for the offence punishable under Section 354(twice) and Section323(four times) of Indian Penal Code. 13. So far the sentence part is concerned. Considering the facts and circumstances of the case, age of the appellants at the time 6 of commission of the offence and particularly the appellants are facing lis from last 10 years, they are on bail and in this case, I am of the view that the end of justice would be met if, while upholding the conviction imposed upon the appellant, the jail sentence awarded to them is reduced to the period already undergone by them. However fine amount under Section 354 of Indian Penal Code of Rs. 500/- is increased to Rs. 2,000/- each and fine amount imposed on appellants for the offence punishable under Section 323 of Indian Penal Code is increased from Rs. 500/- to Rs. 1,000/- each and upon failing to pay the fine amount, the appellants would under go three months rigorous imprisonment. 14. Consequently, the appeal is partly allowed. The conviction of the appellant under Section 354 and 323 of the IPC is affirmed and against the conviction they are sentenced to the period already undergone by them. 15. It is reported that the appellants are on bail. 16. Records of the trial court be sent back along with a copy of this order forthwith for information and necessary compliance. sd/- (Arvind Kumar Verma) Judge alfiza