VASUDEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner - Vasudevan was tried for the offences under Sections 451 and 354 of Indian Penal Code. After the trial on the offences mentioned above, he was held guilty and convicted under Section 354 IPC and sentenced to undergo simple imprisonment for six months as also to pay a fine of Rs. 1,0007- and in default to undergo simple imprisonment for one month. He was also held guilty and convicted under Section 451 IPC and sentenced to undergo simple imprisonment for six months as also to pay a fine of Rs. 1000/- and in default to undergo simple imprisonment for one month. There was a further direction to pay a compensation of Rs. 1000/- under Section 357(1)(b) Cr.P.C. out of the fine realised. Being aggrieved by the order dated 18th February, 1995 passed by the Judicial First Class Magistrate, Mavelikara, petitioner filed an appeal which was dismissed by the learned Additional Sessions Judge-I, Mavelikara vide order dated 9th August, 1996. It is against these two orders, the present criminal revision petition has been filed.

(2.) Learned Counsel appearing for the petitioner vehemently contends that even if one is to go by the statement of the prosecutrix Saraswathy, examined as PW1 and take her entire statement as gospel truth, no case under Section 354 IPC can be made out against the petitioner. There appears to be considerable merit in the aforesaid contention of the learned Counsel. The statement of PW1, the prosecutrix in the present case when translated into English would read as follows: