RAJ KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 16.10.1998 passed by the Special Judge (Atrocity) Bilaspur in Special Case No.42/1997, whereby and whereunder the trial Court after holding the appellant guilty for commission of assault or criminal force to woman with intent to outrage her modesty, convicted him under Section 354 of the IPC and sentenced him to undergo R.I. for one year and to pay fine of Rs.500/-, in default of payment of fine to undergo additional R.I. for two months.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of prosecution, prosecutrix Sahodra Bai (PW-1) while going to field for ease along with bowl (lota) , accused/appellant whistled, but she ignored it, he followed and caught hold her hands with an intent to outrage her modesty and when she raised alarm, he fled from the spot. Two witnesses, namely Dhanesh (PW-4) and Ahilyabai (PW-2) claiming to be eyewitness stated that they saw the accused/appellant fleeing from the spot. Prosecutrix had narrated the incident to them and after coming of her husband, she reported the incident on next day at police station, Ratanpur vide Ex.P-1. Spot map was prepared vide Ex.P-2.