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Surat Singh Vs. State of Uttaranchal (now Uttarakhand) [10/12/12]

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[Criminal Appeal No. 2022 of 2012 @ Special Leave Petition (CRL.) No.7070 of 2012]. This appeal, by special leave, is filed against the judgment and order passed by the High Court of Judicature of Uttarakhand at Nanital in Criminal Revision No. 161 of 2004, dated 23.03.2012. The accused person, revisionist therein, is before us in this appeal. In the instant case, Respondent no. 2, Km. Purni Devi had filed an F.I.R. against the appellant for outraging her modesty. After due investigation, charge-sheet was filed against the appellant for offences punishable under Sections 323, 354 and 506 of the Indian Penal Code, 1860 (the "IPC" for short). The learned Chief Judicial Magistrate, Tehri-Garhwal in Criminal Case No. 921 of 2002, vide judgment and order dated 07.04.2003, has convicted the appellant under Sections 354 and 506 of the IPC and sentenced him to rigorous imprisonment of one year with fine and rigorous imprisonment of six months, respectively. Aggrieved by the aforesaid order, the appellant had unsuccessfully appealed before the learned Sessions Judge, Tehri Garhwal, in Criminal Appeal No. 5 of 2003. The said appeal was rejected and the judgment and order passed by the learned Magistrate was upheld, vide judgment and order dated 14.09.2003. The appellant, against the aforesaid order and judgment, preferred Revision Petition No. 161 of 2004 before the High Court, wherein the High Court, vide the impugned judgment and order dated 23.03.2012, has dismissed it.

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