JHAMMAN ALIAS JAYMAN Vs. STATE OF C.G.

JUDGEMENT

(1.) By this criminal revision Petitioner has challenged the legality and propriety of the order dated 30/9/2009 passed by learned Sessions Judge, Sarguja (Ambikapur) in criminal Appeal No. 153/08 affirming the judgment of conviction and order of sentence dated 27/11/08 passed by Judicial Magistrate First Class, Camp Court, Ambikapur in criminal case No. 187/08 whereby and where under after holding the Petitioner guilty for the offence punishable under Sections 457 & 354 of the Indian Penal Code, learned Judicial Magistrate First Class, Camp Court Ambikapur sentenced the Petitioner imprisonment for 2 years and fine of Rs. 100/- and imprisonment for 3 months.

(2.) Judgment is impugned on the ground that without any credible and clinching evidence Court below has convicted and sentenced the Petitioner and thereby committed an illegality.

(3.) Brief facts necessary for disposal of this criminal revision is on 10/ 3/03 at about 12 at night while prosecutrix PW1 (name not mentioned) was sleeping in her house Petitioner by dashing the door by kick open the door of the prosecutrix and caught hold her with intent to outrage her modesty. Any how she rescued herself. Second day she narrated the incident to other persons and lodged First Information Report vide Ex. P-l. Spot map was prepared vide Ex. P-2. She was examined by doctor vide Ex. P-6. After completion of the investigation charge sheet was filed before the learned Judicial Magistrate First Class, Camp Court Ambikapur who after trial convicted and sentenced the Petitioner. Conviction and sentence were challenged before the Appellant Court and learned Sessions Judge Sarguja (Ambikapur) while affirming the conviction and sentence dismissed the appeal vide judgment impugned.