CRIMINAL PROCEDURE – Section 313 Cr.P.C. – Admission of presence Para 11, 16 Accused admitted presence of victim at his shop at relevant time in statement under Section 313 Cr.P.C. – Such admission supports prosecution case regarding presence and opportunity – Held, strengthens prosecution version.

advocatemmmohan

CRIMINAL LAW – Section 354 IPC – Outraging modesty – Conviction confirmed – Revisional jurisdiction – Scope

Paras 1, 7, 8, 9, 18

Conviction of the petitioner under Section 354 IPC by the trial Court and its confirmation by the appellate Court – Challenge in revision – Scope of interference by revisional Court is limited to cases of illegality, impropriety, perversity, or miscarriage of justice – Where both Courts below recorded concurrent findings based on evidence on record and no procedural irregularity or perversity is established, revisional Court would not interfere – Held, no justification to interfere – Revision dismissed.

---

EVIDENCE – Testimony of victim – Sufficiency – Corroboration

Paras 10, 11, 14, 15

Prosecution case primarily based on testimony of victim girl (P.W.2) – Statement of victim corroborated by P.Ws.1 and 3 – Minor discrepancies regarding description of act (touching entire body vs pressing particular part) explained and held not to be material contradictions – Evidence of victim found reliable – Held, testimony of victim sufficient to sustain conviction.

---

EVIDENCE – Non-examination of witnesses – Effect

Para 14

Non-examination of other students who allegedly accompanied the victim – At the time of incident, other students had already left the place – Held, non-examination not fatal to prosecution case where victim’s evidence is clear and reliable.

---

EVIDENCE – Ocular witnesses – Appreciation

Paras 10, 12

Trial Court disbelieved P.Ws.4 and 6 (alleged eye witnesses) – Appellate Court, however, considered their evidence and held that mere non-mention by victim does not render their testimony wholly unreliable – Conviction sustained even otherwise based on victim’s testimony and corroboration – Held, appreciation by appellate Court justified.

---

CRIMINAL PROCEDURE – Section 313 Cr.P.C. – Admission of presence

Para 11, 16

Accused admitted presence of victim at his shop at relevant time in statement under Section 313 Cr.P.C. – Such admission supports prosecution case regarding presence and opportunity – Held, strengthens prosecution version.

---

CRIMINAL LAW – Delay in FIR – Effect

Para 17

Delay in lodging FIR in case involving outraging modesty of minor girl in village setting – Social stigma, family prestige, and hesitation in reporting considered – Held, delay explained and does not vitiate prosecution case.

---

CRIMINAL LAW – Defence plea of false implication / counter blast

Paras 12, 16

Defence plea that case is counter blast to earlier incident – Evidence shows natural conduct of family reacting to incident – No material to disbelieve prosecution case – Held, defence not substantiated.

---

REVISION – Interference with concurrent findings

Paras 7, 8, 18, 19

Concurrent findings of trial and appellate Courts – No perversity, illegality, or miscarriage of justice – Revisional Court declined interference – Revision dismissed with direction to petitioner to surrender and undergo remaining sentence.