ISHWAR LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 12.11.2002 passed by Additional Sessions Judge, Bemetra District Durg in Criminal Appeal No. 214/1996 convicting the accused/applicant under Sections 456, 354, 324 and 323 IPC and sentencing him to undergo RI for six months under Sections 354 and 324 each, and pay fine of Rs. 500 under Sections 456 and 323 IPC each.

(2.) FACTS of the case in brief are that on 16.6.1989 FIR Ex. PI was lodged by complainant Ku. M. Devnath (PW1) who was working as a nurse alleging that on 15.6.1989 at about 11 p.m. when she was sleeping in her house, accused/applicant knocked at the door and when it was not opened by her, he jumped over the wall and gained an entry to her house. Thereafter, the accused/applicant caught hold of her with an intention to outrage her modesty and bit her near right eye brow and cheek. He is also alleged to have given a blow on her mouth as a result of which she sustained injury on her teeth and in order to save herself she also bit the accused/applicant. Based on this FIR offence under Section 354 IPC was registered against the accused/applicant. Complainant was medically examined on 16.6.1989 vide Ex. P4 and as many as four injuries were found on her body. After investigation, charge-sheet was filed against the applicant on 29.6.1989 for the offence under Sections 354, 324, 325, 323 and 456 IPC. Court below however framed the charge under Sections 457, 354, 325, 324 and 323 IPC.

(3.) AFTER hearing the parties, the trial Court by its judgment dated 26.11.1996 convicted the accused/applicant under Sections 456, 354, 325 and 324 IPC and sentenced him to undergo RI for six months under each Section. Additionally, the applicant was directed to pay fine of Rs. 500/- under Sections 456 and 325 IPC each. In appeal, the lower Appellate Court maintained the conviction under Sections 456, 354 and 324 IPC but altered it under Sections 325 to 323 IPC and sentenced him to pay fine of Rs. 500. Hence this revision.