MURLI Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been preferred against the Judgment and order of the Sessions Judge, Jaunpur passed on 1.12.1989 in Criminal Appeal No. 7 of 1989, Murli Vs. State of U.P. upholding the Judgment and order dated 9.3.1989 passed by L.C.C.I, Jaunpur in Criminal Case No.2722/88, State Vs. Murli Harijan under Section 354 I.P.C., Village Bhadkhin P.S. Sureri, District Jaunpur convicting the revisionist under Section 354 I.P.C. and sentencing him to undergo three months simple imprisonment and to pay a fine of Rs.100/- with defaulting clause.

(2.) Brief facts of the case are that the revisionist developed an enormous liking for Nirmala Devi a Harijan lady. The accused is also Harijan. He used to pass remarks on Nirmala Devi. On 8.9.1988 at about 6 p.m. when Nirmala went to fetch fodder in a field, the accused went there and molested her by touching her breasts. He also tried to make her onermous lie down. But, she shouted for help on which two ladies Chamela Devi and Durgawati, who were present in the nearby fields, rushed to Nirmala Devi. On seeing the witnesses, the revisionist fled away from the spot. Next day, the complainant came to Jaunpur and gave an application to the S.P. Jaunpur and on his direction, the case was registered and, ultimately, the revisionist was tried.

(3.) The prosecution examined P.W. 1 Nirmala Devi, P.W. 2 Chamela Devi, P.W. 3 Ram Narayan Yadav and closed the evidence. The accused in his statement under Section 313 Cr.P.C. denied the occurrence and stated that he was implicated due to enmity.