MOHAR SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the judgment dtd. 4/12/2004 by which learned Sessions Judge, Ambikapur in Criminal Appeal No.186 of 2004 maintained the conviction and sentence of the applicant arising out of judgment dtd. 28/9/2004 passed by the Judicial Magistrate First Class, Ambikapur in Criminal case No.91 of 2000, whereby and whereunder learned Judicial Magistrate after acquitting the applicant under Sec. 323 of IPC, hold the applicant guilty for commission of offence under Sec. 354 of IPC, sentenced him to undergo 3 months RI and to pay fine of Rs.500.00.

(2.) Judgment is challenged on the ground that without any clinching evidence, the Court below has convicted and sentenced the applicant as aforementioned.

(3.) Prosecution story in brief is that on 18/8/2000 at about 9.30 pm., when Gosai Ram (PW-2), husband of the prosecutrix was in the field for nature call, she was standing at some distance near to him. At that time, the applicant came there in drunken condition and caught hold of her hand with an intention to outrage her modesty. When she shouted at this, her husband came to her; then the applicant left her and quarrelled with Gosai Ram and on hearing the noise other witnesses came there. On the next day the matter was reported to Police Station Shankargarh by the prosecutrix and offences under Ss. 354 and 323 of IPC were registered against the applicant.