Credible eyewitness evidence of molestation sustains conviction under Section 354 IPC.

The prosecution alleged that Kheersay had repeatedly harassed the 13-year-old deceased and, on 7 July 2011, grabbed or pulled her clothing while she was fetching water.

The deceased later set herself ablaze and died from her burn injuries.

The Sessions Court acquitted the appellant of the charge under Section 306 IPC but convicted him under Section 354 IPC and sentenced him to two years’ rigorous imprisonment and a fine of ₹10,000.

In appeal under Section 374(2) CrPC, the appellant challenged the sufficiency of the evidence; the State supported the conviction.

Whether the evidence on record sufficiently supported the appellant’s conviction under Section 354 IPC.

Whether the conviction and sentence warranted interference in appeal.

The Court considered the offence under Section 354 IPC and the appellate challenge brought under Section 374(2) CrPC.

It assessed the eyewitness and other prosecution testimony to determine whether the conviction was supported by the evidence.

The Court relied on the accounts of PW-2 and PW-7, whom it treated as eyewitnesses to the appellant’s conduct toward the deceased at the borewell.

It also considered PW-6’s evidence that the deceased had attributed her act of setting herself ablaze to harassment by the appellant, and evidence from PW-4 and PW-6 that the appellant had previously harassed her and that a village meeting had addressed his conduct.

Although some witnesses were partly declared hostile, the Court found their relevant evidence remained uncontradicted in cross-examination.

On the record as a whole, it found the trial court’s Section 354 conviction well-founded.

As the appellant was on bail, it cancelled his bail bonds and directed him to surrender before the trial court within 30 days to serve the remaining sentence; failing that, the trial court was directed to take necessary steps.