YADUCHAND BEHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) Present revision arises out of the impugned judgment and order dated 12.2.1998 passed by Sessions Judge, Raigarh in Criminal Appeal No. 102/1997 whereby convicting the accused/applicant for the offences under Sections 354 and 452 of the Indian Penal Code and sentencing him till rising of die Court with fine of Rs.500 under Section 354 Indian Penal Code and till rising of the Court with fine of Rs.5,000/- under Section 452 Indian Penal Code plus default stipulations.

(2.) As per the case of the prosecution, on 8.10.1993 the applicant, who was working as Assistant Veterinary Medical Area Officer at Lailunga, District Raigarh had entered the room of prosecutrix (PW-1), a married lady and despite her protest, made an attempt to outrage her modesty. Written report (Ex.P-1) was made on 3.12.1993 to the Collector Raigarh by Dr. Raghunath Deen Patel (PW-3) - husband of the prosecutrix and on which basis F.I.R. (Ex.P-3) was registered on 3.2.1994.

(3.) So as to hold the accused/applicant guilty, prosecution has examined as many as 7 witnesses in support of its case. Statement of the accused/applicant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case. Apart from this, Nirbhay Ram (DW-1) and Thakur (DW-2) have also been examined by the defence in support of its case.