MANOJ KUMAR SONI Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking revisional jurisdiction of this Court under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter called as "Cr.P.C."), the applicant herein has filed the instant criminal revision challenging the impugned judgment dated 11.8.2015 passed by the Third Additional Sessions Judge, Ambikapur, Surguja, in Criminal Appeal No. 28 of 2011 affirming the judgment of conviction and order of sentence dated 4.2.2011 passed by the Judicial Magistrate First Class, Ambikapur, in Criminal Case No.327/10, whereby the applicant has been convicted for commission of offence punishable under Section 224 of the IPC and sentenced to undergo rigorous imprisonment for six months & fine of Rs.500/-, in default of payment of fine to further undergo simple imprisonment for one month.

(2.) Essential facts necessary for disposal of the revision are as under:

(3.) Mr.Awadh Tripathi and Mr.Wasim Miyan, learned counsel appearing for the applicant would submit that conviction recorded by two Courts below holding the applicant guilty for an offence under Section 224 of the IPC is not only contrary to record, but is also perverse and therefore, it is liable to be set aside. He would alternatively submit that sentence prescribed for offence punishable under Section 224 of the IPC is two years, or with fine or with both.