PURUSHOTTAM SITARAM RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, heard finally with consent of parties.

(2.) This revision is preferred by the applicant/accused, whose conviction under section 354 of Indian Penal Code has been upheld by the Court of sessions.

(3.) The facts giving rise to the revision are as follows -On 27-12-2002, complainant Ku. Shubhangi had gone to Vihirgaon. She was coming back with her friends in the evening after the school was over. While they were so coming back, the accused Purushottam and one Narendra came on a motor cycle. Accused Purushottam was driving the motor cycle. He stopped the motor cycle near the complainant and her friends. Accused asked Rakhi Thakre, one of the friends of the complainant, to go ahead. The accused then kept the motor cycle on the stand and caught hold of the hand of the complainant and asked her as to why she does not meet him. She shouted and got her hand released. In the meanwhile, one Bhaiya and Ishwar were seen coming. On seeing them, the accused left the spot and went away. The complainant's father was not at home as he was out of station. Therefore, she could not lodge the report on the same day. After her parents came back home, she lodged report with the police on 30-12-2002. After the investigation was over, charge-sheet was filed.