RAJESH UTTRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. Anticipating arrest in connection with crime No. 124/2001 of police station, Sheorinarayan for an offence punishable under Sections 354 and 453, I. P. C. the applicant has filed the present application under Section 438, Cr. P. C.

(2.) The prosecution case in brief is that the applicant committed lurking house trespass by making entry into the house of the prosecutrix and out-raged her modesty. Section 354, I. P. C. is bailable while Section 453, I. P. C. is not.

(3.) Learned counsel for the applicant submits that from a bare perusal of the first information report, it would clearly appear that an offence punishable under Section 453, I. P. C. is not made out.