NIRANJAN MAHADEO MESHRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. Heard finally with the consent of learned counsel appearing on behalf of respective parties.

(2.) By this Revision, the applicant is challenging the judgment and order dtd. 31/1/2020 passed by learned Additional Sessions Judge, Akot in Criminal Appeal No.22/2014 partly allowing the Appeal, which arises out of the judgment and order dtd. 19/6/2014 in Regular Criminal Case No. 138/2013 passed by learned Judicial Magistrate, First Class, Akot, convicting the applicant for offence punishable u/s.509 of the Indian Penal Code and sentencing him to suffer SI for six months and to pay a fine of Rs.1000.00, in default, SI for eight days.

(3.) The prosecution case in brief is that the complainant- PW1-Minakshi so also the accused are the residents of village Rambhapur, Tq.Akot. Their fields were adjacent to each other and between those two fields there was a way. It is the case of the prosecution that on 12/11/2012 at about 3.00pm, the complainant was working in her field, so also her husband was also working in the same field but at some distance. At that time, the accused was passing through the way adjacent to the field of the complainant. It is alleged that the accused took out his private part and started urinating facing towards the informant. The accused also made gestures of his hand and called the informant. The informant immediately called her husband PW2-Jaideo who was working at some distance in the same field and informed about the incident. The husband of the complainant went near the accused and questioned about his behaviour. On this, the accused abused the husband of PW1. The informant then proceeded to the Police Station and lodged her complaint. On the basis of the said report, an offence was registered vide Crime No.3157/2012. The Police visited the place of incident and recorded the spot panchnama, so also the statements of the witnesses. After completion of investigation, charge-sheet in the Court of learned JMFC, who after recording the evidence and hearing both sides convicted the accused as aforesaid vide its judgment and order dtd. 19/6/2014.