NARENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant/accused has preferred this revision petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") against the judgment dtd. 30/11/2017 passed by Sessions Judge, District Ujjain, in Cri. Appeal No.320/2017, whereby the Sessions Court dismissed the appeal by affirming the judgment dtd. 22/08/2017 passed by Judicial Magistrate First Class, District Ujjain in Criminal Case No.855/2012 by which the applicant has been convicted for offence under Sec. 354 of IPC, 1860 and sentenced to undergo 1 year R.I., and a fine of Rs.100.00 with usual default stipulation.

(2.) As per prosecution story, on 22/02/2012 at about 21.15 hours when the prosecutrix went to feed the cow in cow shed, at that time the applicant came behind her, closed her mouth and pressed her breast in order to outrage her modesty. Prosecutrix raised alarm thereafter her son Pankaj and one Mahesh Nayak came there running. On seeing them, the applicant escaped from the spot. Pankaj took his mother to their house and he called his father from the field. Prosecutrix narrated the incident to her husband, she went to the police-station with her husband and filed complaint. On the basis of which Police registered FIR bearing Crime No.157/2012 for offence under Ss. 354 of IPC, 1860. During the investigation prosecutrix was sent for medical examination, police visited the spot, drawn spot map (Ex.P/2), recorded the statement of the witnesses and arrested the applicant. After completion of investigation, charge-sheet was filed against the applicant.

(3.) Trial Court, while passing the judgment, convicted the applicant/accused persons for offence punishable under Sec. 354 of IPC, 1860 and sentenced to undergo 1 year R.I., and a fine of Rs.100.00 with usual default stipulation. An appeal was filed against the said conviction and sentence, which was dismissed vide judgment dtd. 30/11/2017 by Sessions Judge. This judgment is under challenge in the present revision petition.