DEEPAK NETAM Vs. THE STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has filed instant criminal revision under Section 397/401 of the Cr.P.C. as he was convicted by judgment dated 26.3.2014 in Criminal Case No. 402/2013 for the offence under Section 354 of the Indian Penal Code and sentenced to undergo imprisonment for six months and to pay fine of Rs.500/ -, in default of payment of fine, to further undergo imprisonment for twenty days. Against the said judgment, the applicant has preferred Criminal Appeal No.84/2014 before Third Additional Sessions Judge, Durg and the learned Additional Sessions Judge vide judgment dated 11.02.2016 dismissed the appeal and affirmed the judgment passed by the trial Court.

(2.) Against the said judgment, the applicant has preferred the instant criminal revision stating that though there was no clinching evidence against the applicant, the trial Court erred in not appreciating the variation in the statement of the prosecutrix and thereby not appreciated the entire evidence in its right perspective, convicted the present applicant. The appellate Court also not considered the above material available in the evidence and affirmed judgment passed by the trial Court. It is prayed that the instant revision may be allowed and the impugned judgment may be set aside.

(3.) Heard learned counsel for the parties.