BACHCHHRAJ PASI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Vikas Singh, learned counsel for the revisionist and learned AGA for the State.

(2.) LEARNED counsel for the revisionist states that the revisionist has obtained bail from the court of C.J.M., Fatehpur.

(3.) THE brief facts of the case are that F.I.R. was lodged by Ramraj at case crime no.365 of 1995 against the revisionist under sections 452 and 354 IPC, P.S. Bindki, District Fatehpur with the allegations that on 8.11.1995 at about 1 p.m. when his sister was doing cleansing work outside the house, Bachchharj came at the door and caught her hand with bad intention and upon alarm raised by his sister, Ram Kumar and Durga reached for rescue but revisionist fled away. After investigation charge sheet was filed and after recording statements of prosecutrix as P.W.1, first informant Ramraj as P.W.2, Smt. Maya Devi as P.W.3, and head constable Radhey Shyam Upadhyay as P.W.4 in prosecution evidence, recording the statement of accused under section 313 Cr.P.C. and hearing counsel for parties, the Magistrate acquitted the accused revisionist from the charges framed under section 452 IPC but convicted him under section 354 IPC and sentenced for six months imprisonment vide judgment and order dated 17.9.2009. The convict revisionist filed Criminal Appeal No.57 of 2009 before Sessions Judge, Fatehpur, which was dismissed on 19.2.2010 with clarification that the period of sentence will be of simple imprisonment. Feeling aggrieved the convicted revisionist has preferred this revision.