FUICHAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) APPLICANT is aggrieved by the judgment and order passed by the 4th Additional Sessions Judge, Nagpur in Criminal Appeal No. 74/1998 confirming the judgment and order passed by the Judicial Magistrate First Class 10th Court, Nagpur in Regular Criminal Case No. 45/1993 convicting the applicant for the offence punishable under Section 354 of Indian Penal Code and sentencing him to suffer R. I. for two years and to pay a fine of Rs. 5,000/- and in default to suffer R. I. for six months. The learned Magistrate ordered that in case fine is paid, the amount of Rs. 1000/- shall be paid to the Mahananda victim as compensation.

(3.) BRIEFLY facts, which are necessary for disposal of criminal revision application are as follows :- On 24-1-1999 when the complainant Mahananda was returning from her field, the applicant came for behind and stopped mahananda and caught hold her waist from behind and made her fall on the ground with intention to outrage her modesty. Pursuant to the report filed by the victim, the investigation was taken up and charge-sheet was filed and the applicant was prosecuted for offence punishable under Section 354 of Indian Penal Code before the Judicial Magistrate First Class, Court No. 10, Nagpur. In the course of trial, the prosecution examined five witnesses. After recording the statements of witnesses, the applicant did not lead evidence in defence. The case of the applicant is of simple denial. The Trial Court convicted the applicant as aforesaid and against the conviction and sentence, the appeal preferred by the applicant was dismissed. The applicant has filed the present revision challenging the judgment of 4th Additional Sessions Judge, Nagpur, dismissing the appeal filed by the applicant.