RADHEY ALIAS RADHESYAM Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been preferred against judgment dated 20.9.2002, passed by II Additional Sessions Judge, Sidhi in Criminal Appeal No.2/2002, convicting the petitioner under Section 354 and sentenced to 9 months R.I. by confirming the judgment of trial Court passed on 10.12.1999 in Regular Criminal Case No.286/1996.

(2.) Facts, in short, are that in the intervening night of 26/27-May, 1996 at about 2 a.m. while prosecutrix aged 40 years (PW-2) was sleeping in her house, was indecently assaulted by the petitioner. F.I.R. was lodged by prosecutrix (PW-2) on 27.5.1996 at Police Station Chitrangi. A case at Crime No.39/1996 under Section 354 of IPC was registered.

(3.) Completing investigation, Police Chitrangi submitted a charge sheet against the petitioner under Sections 354 IPC. Trial Court framed charges under Sections 457 and 354 of IPC. Petitioner abjured guilt.