ANJANI KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been filed against the conviction of the appellants under Sections 354 and 306 of the Indian Penal Code. They have been respectively sentenced to undergo 2 years and 5 years rigorous imprisonment.

(2.) PROSECUTION case in brief is that on 10th of February, 1988 at about 4. 30p. m. when Smt. Usha Kachhi was in her agricultural field, both the accused persons - Anjani and Pappu misbehaved with her and tried to remove her Sari. As the deceased raised hue and cry, witness Appoo alias Ramprasad Kachbi and Bijju alias Vijay Tiwari reached the spot. On seeing them both the accused persons ran away. In the same evening when parents of Usha Kachhi were not present, she committed suicide by hanging herself owing to humiliation caused to her. The report of the incident was lodged next day in the morning at Police Station Majhgawan by Tanteram, the father of the deceased. Police set in the investigation and found that deceased committed suicide and cause for the same was the act of the accused persons of trying to outrage her modesty, and this is how the accused persons were put to trial. Accused abjured the guilt and contended that they were innocent and have been falsely implicated.

(3.) SHRI S. C. Datt, learned senior counsel appearing for the appellants has urged that it is a case where no offence under Section 306 of the Indian Penal Code is made out, hence conviction under Section 306, IPC is not called for. He further submitted that evidence is not sufficient to convict the accused for offence under Section 354, IPC. His alternative submission is that as the accused were young at the time of incident, they should be dealt with leniently.