SOHAN KUMAR KENWAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this Criminal Appeal, the challenge is levied to the judgment of conviction and order of sentence dated 03.10.2008 passed by the learned Session Judge, Janjgir-Champa (CG), in Sessions Trial No.59 of 2008, whereby and whereunder the appellant has been convicted for the offence punishable under Section 354 of the IPC and sentenced to undergo RI for six months and to pay fine of Rs.500/-; in default of payment of fine amount, to further undergo Simple Imprisonment for one month.

(2.) In brief, the prosecution case is that the prosecutrix lived in village Nawapara. She was going to the pond to fetch water. The appellant was standing on the road. In an intention to breach her modesty, the appellant caught hold of her hand. On 24.01.2008, the prosecutrix lodged a report in Police Station, Chandrapur. The trial Court has examined as many as ten witnesses and on completion of the trial, convicted and sentenced the appellant as aforementioned.

(3.) Shri Roop Naik, counsel for the appellant urged at this stage that he is not challenging the conviction of the appellant, rather, he is challenging only the aforesaid period of sentence of rigorous imprisonment. He further submits that appellant has already spent his sentence for 2 months and 12 days, thus the period of rigorous imprisonment may be reduced upto the period undergone.