RAJU SEN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused / applicant has preferred this revision petition against the judgment of conviction and order of sentence dated 15/09/2005 passed by Additional Sessions Judge, Dhamtari, (Session Division, Raipur) CG in Criminal Appeal No. 282/2004 affirming the judgment dated 04.10.2004 passed by Judicial Magistrate First Class, Dhamtari, in Criminal Case No. 385/2000 convicting the accused/applicant under Sections 456 and 354 IPC and sentencing him to undergo RI for two years with fine of Rs. 1,000/- under Section 456 and RI for one year with fine of Rs. 500/- under Section 354 IPC, plus default stipulation.

(2.) Briefly stated facts of the case leading to the disposal of present revision petition are that on 13.06.2000 at about 2 in the midnight when the prosecutrix was sleeping in her house, the accused/applicant herein gained and entry therein, caught hold of her shoulder, got over the cot in which she was sleeping, pressed her mouth and tried to remover her cloths. Meanwhile, her husband reached there and on seeing him the accused/applicant tried to run away but was apprehended by him - the husband of the prosecutrix. On the basis of FIR (Ex. P-1) lodged by the prosecutrix, offences under Sections 354 and 456 IPC were registered against the accused/applicant and after completion of investigation charge sheet was filed against the applicant under the same section. From the record it appears that during the pendency of trial the prosecutrix died.

(3.) On being satisfied with the averments of the parties and evidence on record the trial Court convicted and sentenced the accused/applicant as mentioned above. The findings recorded by the trial Court have been affirmed by the lower appellate Court by the Judgment impugned, and it is that which is under challenge in this revision.