Six years after a 31-year-old was molested, judicial magistrate Pradeep Synghal has awarded one-year jail to two accused, including the father of a two-year-old.
The court also imposed a fine of `2,000 each on the convicts - Deepak, 39, resident of Patiala, and Amandeep Singh, 39, resident of Sangrur. They would be jailed for outraging the modesty of a woman (section 354), inflicting injuries (323) and insulting the modesty of a woman (509) under the IPC. All sentences will run concurrently.
Acting on the complaint of the victim, a resident of Mata Mansa Devi Complex, Sector 5, Panchkula, UT police had booked Deepak and Amandeep on July 9, 2008.
She had alleged that she, along with her child, was waiting for her husband at a parking lot in Sector 22-B. Meanwhile, the two men approached her. One of them passed obscene remarks at her, while the other caught hold of her arm and tried to pull her towards him. When she raised an alarm, her husband rushed to her rescue, only to be punched by Amandeep, leaving him with a bleeding nose. When his aide, Deepak, threatened to kill the victim’s husband, the police were sounded.
The accused had sought acquittal citing failure of the police to get independent witness and discrepancies in statements of the complainant as well as eyewitness.
However, the court held, “It is usually seen that people hesitate to join police investigation out of fear of enmity with the accused and that they will be dragged into unnecessary litigation. Complainant and eyewitness/injured have corroborated each other on all material aspects. Even if independent witness has not been joined this will not shatter the prosecution case.”
“All witnesses have stated this fact that the accused fought with the complainant, and the victim has categorically stated that the duo tried to outrage her modesty. Furthermore, the accused themselves admitted that in a scuffle, the complainant’s husband fell and got injured. From the entire evidence, it is clear that the prosecution has proved its case beyond shadow of reasonable doubt,” the order read.
Presenting himself as a victim of mistaken identity, Deepak claimed false implication and prayed for probation stating that his two-year-old son was undergoing treatment, while Amandeep prayed for leniency saying he was poor and had been regularly attending the court for the past six years.
Claiming false implication, the accused had even presented a witness, Ram Nath, who said there was a dispute of parking of vehicles between the two parties. He had claimed that the accused’s vehicle brushed by the complainant’s car and the latter started hurling abuses at the duo, following which her husband engaged in a scuffle.