PURNIMA SHUKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this revision, the applicant has challenged legality and propriety of the judgment dated 8.12.2009 passed by the 12th Additional Sessions Judge (F.T.C.), Durg in Criminal Appeal No.132/07, reversing the judgment of conviction and order of sentence dated 26.11.2007 passed by the Judicial Magistrate First Class, Durg in Criminal Case No.210/06 whereby learned Judicial Magistrate First Class has convicted non-applicant No.2 under Sections 498-A/34 and 354 of the l.P.C. and sentenced him to undergo R.I. for two years and fine of Rs.200/-, in default of payment of fine to further undergo S.1. for fifteen days on each count.

(2.) ACQUITTAL of non-applicant No.2 is impugned on the ground that while acquitting him and allowing the appeal the appellate Court has not considered the proved fact against non-applicant No.2 sufficient for his conviction under Sections 498-A/34 and 354 of the l.P.C. and thereby committed illegality.

(3.) LEARNED counsel for the applicant submits that evidence adduced on behalf of the applicant is sufficient for drawing inference that present non- applicant No.2 has committed torture and cruelty upon her and also tried to outrage her modesty. His behavior was objectionable and indecent. LEARNED counsel further submits that the present applicant has written letters Ex.P/ 6 to P/8 regularly which supports the case of the applicant.