LAKHANLAL VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this criminal appeal against the judgment of conviction and order of sentence dated 7. 6. 1999, passed by the 2nd Additional Sessions Judge, Baloda bazar, District Raipur in S. T. No. 451/1996, whereby the learned 2nd Additional Sessions Judge while acquitting the appellant of the charge under Section 376 of the IPC, convicted him for commission of minor offence punishable under Section 509 of the ipc and sentenced him to undergo simple imprisonment for 6 months and to pay a fine of Rs. 500, in default of payment of fine to further undergo simple imprisonment for 3 months.

(2.) THE prosecution story in short is that on 7. 8. 1996 at 8. 00 a. m. Man Bai (P. W.-4)along with her brother-in-law Doctor Sahu (P. W. 1) had gone to plough their field after 1:30 to 2:00 hrs. , leaving Man Bai in the field. Doctor Sahu went adjacent field to pluck datoon. Man Bai was alone in the field. The appellant came there and caught hold her from her back side and attempted to open her saree. She raised hue and cry, thereupon; the accused slapped her and covered her mouth with his hands. Doctor Sahu on hearing the hue and cry came there and on seeing Doctor Sahu, the appellant fled from the scene of occurrence. Man Bai and doctor Sahu thereafter came back to their home. After few hours doctor Sahu came from outside and told Man Bai that some persons have caught a boy, go and identify him. Both of them went there and identified the appellant as accused. The matter was reported by Man Bai. First Information report (Ex. P/1) was registered in the Police station at Palari. Investigation took place and after completion of the investigation, charge-sheet under Section 376 read with Section 511 was filed in the Court of judicial Magistrate First Class, Baloda bazar, who, in turn, committed the case to the Sessions Judge, Raipur. The learned sessions Judge made over the case to the 2nd Additional Sessions Judge, Baloda baszar for trial. The learned 2nd Additional sessions Judge has framed charge under section 376 of the IPC against the appellant. Charge was read over and was explained to the appellant. The appellant pleaded innocence and his defence was that he has been falsely implicated in the offence.

(3.) THE learned 2nd Additional Sessions judge, after evaluating the evidence available on record and hearing the counsel for respective parties, acquitted the appellant-Lakhanlal Verma under Section 376 of the IPC, however, convicted him under Section 509 of I. P. C. , as mentioned above.