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TMI Blog2019 (11) TMI 1841X X X X Extracts X X X X X X X X Extracts X X X X ..... mained persistent in their statements and there was no material contradiction so as to raise any doubt regarding their credibility. In the case at hand, prior to the commission of the offence, the Accused-Appellant had attempted to molest the complainant-victim on the same day itself. Later that night, the Accused-Appellant forcibly entered the house of the complainant-victim in a drunken state, being aware about the absence of her husband. Thereafter, the Accused-Appellant, exerting criminal force, pounced upon the complainant-victim and forcibly lifted her petticoat. Although, the complainant-victim pleaded the Accused to stop considering the fact that she was his aunt; he responded stating, it does not matter to him. The aforesaid action ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ramana and Ajay Rastogi, JJ. For the Appellant : Ajit Singh Pundir, Arijeet Singh, D.V. Singh and Bhupendra Kumar Bhardwaj, Advs. For the Respondents : Jatinder Kumar Bhatia and Ashutosh Kumar Sharma, Advs. JUDGMENT N.V. Ramana, J. 1. The present criminal appeal arises out of the impugned order dated 27.03.2009 passed by the High Court of Uttrakhand at Nainital in Criminal Appeal No. 144 of 2006 whereby the High Court dismissed the appeal of the Appellant and confirmed the order dated 08.05.1992, passed by the Sessions Judge, Chamoli in S.T. No. 36 of 1991 convicting the Accused for offences Under Section 354 and Section 511 read with Section 376 Indian Penal Code. The Accused was sentenced to undergo rigorous imprisonment of one year for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aint on 16.01.1991. 3. The trial court, vide order dated 08.05.1992, convicted the Accused-Appellant for offence Under Section 354, pursuant to which he was directed to undergo one-year rigorous imprisonment. He was further convicted for offence Under Section 511 read with Section 376 Indian Penal Code and was directed to undergo rigorous imprisonment for two years and to pay a fine of Rs. 200/-. Aggrieved, the Accused-Appellant approached the High Court in Criminal Appeal No. 144 of 2006. The High Court vide impugned judgment dated 27.03.2009 dismissed the appeal and upheld the order of conviction passed by the trial court. Aggrieved by the aforesaid dismissal, the Accused-Appellant approached this Court by way of present appeal. 4. The co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the offence, the Accused-Appellant had attempted to molest the complainant-victim on the same day itself. Later that night, the Accused-Appellant forcibly entered the house of the complainant-victim in a drunken state, being aware about the absence of her husband. Thereafter, the Accused-Appellant, exerting criminal force, pounced upon the complainant-victim and forcibly lifted her petticoat. Although, the complainant-victim pleaded the Accused to stop considering the fact that she was his aunt; he responded stating, it does not matter to him. The aforesaid action of the Accused-Appellant is sufficient to prove his culpability. 8. The counsel of the Accused-Appellant has pleaded that the actions of the Accused-Appellant do not constit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt's wife holding his neck coming out from the house of the complainant-victim. P.W.-4 had also overheard the complainant-victim complaining that the Accused-Appellant was quarreling with her. 10. Herein, although the complainant-victim and her daughter were pleading with the Accused to let the complainant-victim go, the Accused-Appellant did not show any reluctance that he was going to stop from committing the aforesaid offence. Therefore, had there been no intervention, the Accused-Appellant would have succeeded in executing his criminal design. The conduct of the Accused in the present case is indicative of his definite intention to commit the said offence. 11. The counsel on behalf of the Accused-Appellant placed reliance upon the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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